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FORM OF PRELIMINARY AGREEMENT (A) FORM OF PRELIMINARY AGREEMENT "Preliminary Agreement entered on this ………………………….. day of…………. Two Thousand and Eighteen between the Superintending Engineer, P. H. Circle, Kerala Water Authority, Kozhikode for and on behalf of Kerala Water Authority of the one part and Sri.............. ................... ...................... ........ .................... ....... ... ... ... ... ... .., ... ... ... ... ... ... ... ... ... ... .. .................... ... (full name and address of the tenderer) hereinafter called the contractor of the other part for the execution of the agreement as well as for the execution of the work ... ... ... ... ... ... ... ... ... ........... ............... ... ............... ... ... ... ... ........... ... Kerala Water Authority (KWA) invited tenders for the work as stated above........ (name of the work) by Notification No.......... Dated in---------the------------ AND WHERE ………………………….of the notice inviting tenders stated as follows: Within 20 days after the date when the acceptance of the tender has been intimated to him, the tenderer shall deposit a sum sufficient to make to the balance which together with the amount of earnest money deposited shall be created as security for the proper fulfilment of the same and shall execute an agreement for the work in the stipulated manner. If he fails to do this or in the case of the contract to maintain a specified rate of progress (to be specified in each case in the tender schedule) the earnest money and security deposit shall be forfeited to KWA and fresh tenders shall be called for or the matter otherwise disposed off. If as a result of such measures due to the default of the tenderer to pay the required deposit to KWA results in any loss to KWA, the same will be recovered from him as arrears of revenue. The original contractor shall have no claim whatever to the sum that may be due to the contractor on this or any other subsisting contracts or under the Revenue Recovery Act or otherwise the KWA may decide. NOW THESE PRESENT WITNESS AND it is mutually agreed as follows: The terms and conditions for the said contract having been stipulated in the said tender form to which the contractor has agreed, a copy of which forms part of this agreement, it is agreed that the terms and conditions stipulated therein shall bind the part to this agreement extend to which they are abrogated or altered by express terms and conditions herein agreed to and in which accept the express provisions herein all supersede those of the same tender form. 1. The contractor hereby agrees and undertakes to perform/fulfil all the operations and obligations with the execution of the said contract work. …… (Here the name of the work) is awarded in favour of the contractor. 2. If the contractor does not come forward to execute the original agreement after the said work is awarded and selection notice issued in his favour commits breach of any of the conditions of the contract as stipulated in the NIT as quoted above within the period stipulated therein the KWA may rearrange the work otherwise or loss so sustained by the KWA can be realized from the contractor under Revenue Recovery Act as if arrears of land revenue as assessed, taking into consideration the prevailing PWD rate and after giving due notice to contractor. The acquisition taken by such authority officer or officers shall be final and conclusive and shall be binding on the contractor. 3. The tenderer further agrees that any amount found due to KWA under or by virtue of this agreement shall be recoverable from the contractor from his EMD and his properties movable and immovable as arrears of Land Revenue under the provisions of the Revenue Recovery Act for the time being or in any other manner as the KWA may deem fit in this regard. 4. The contractor further assures it is clearly understood that the settlement of claims either by part

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