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PRELIMINARY AGREEMENT Pr eliminary agr eement enter ed in to this …….. da y of ………………………….. ( - -2018) between Secatary Koorachundu grama Panchayat for and on behalf of the Grama panchayat her einafter cal led “ t he Grama panchayat ” of the One par t and Shri……………………… ………………………………………………………………………… (H.E Full name andaddr ess of the contr actor ) of the other par t of t he execution of the agr eement as well as for the execution of the work “………………………………………………………………...”. Wher eas the Government invited tender s for the work :- “…………………………………”.(H E Full name of the work) by n otifi cation No. ……………………….. Dated…………………………… in the e-GP Website WWW.etenders.kerala.gov.in AND WHEREAS Par a 13 of the notice inviting tender s stated as follows Befor e commencing work or within a week after the date when the acceptance of the tender has been intimated to him, the tender er shall deposit a sum suffi cient to make up the balance of 5% of the proba ble value of contr act which togethe r with the amount of EMD shall be tr eated as s ecur ity for the proper fulfillment of the same and shall execut e an agr eement for the work in the Schedule form. If he fails to do this or in the case of PW Contr acts not maintain a specified r ate of progr ess ( to be specifi ed in each case in the tender schedule) the EMD and SD shall be for feited t o Government and fr esh tender s shall be called for or the matter otherwise dispos ed off. I f as a r esult of such measur es, due to the default of the tender er to pa y the r equisite deposit, sign the contracts or take the poss essi on of the work, any l os s to Government due to the same will be r ecover ed from him as arr ear s of r evenue, but should it be a sa ving to Government, the or iginal contr actor shall have no claim whateve r , to the differ ence Recover ies on this or any other account will be made fr om the sum that may due to the contractor on this or any other subsisting contr acts under the Revenue Recover y Act, or otherwise the Government may decide NOW THEREFORE IN THE PRESENCE OF WITNESS ,it is mutually agreed as follows The terms and conditions for the said contract having been stipulated in the said tender form to whichthe contractor has agreed, a copy of which is hereto appended which forms part of the agreement. It is agreed that the terms and conditions stipulated therein shall bind the parties to this agreement except to the extend to which they are abrogated or altered by express terms and conditions herein agreed to and in which respect the express provisions herein shall supersede these of the said tender forms 2. The Contractor hereby agree and undertake to perform and fulfill all the operations and obligations connected with the execution of the said contract (H.E name of work):- “……………………………………………………………..”. If awarded in favour of the contractor. 3. 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 contract as stipulated in clause 13 of the notice inviting tenders as quoted above within the period stipulated the Government may rearrange the work otherwise or get it done departmentally at the risk and cost of the contractor and the loss so sustained will be recovered by the Revenue Recovery Act as if arrears of land revenue as assessed., quantified and fixed by an adjudicating authority consisting of the Secretary (LSGD) , Chief Engineer (LSGD) or other officers authorized by Government in its behalf, taking in to consideration the prevailing Public Works Department rates and after giving due notices to the contractor. The decisions taken by such authority, or the officer, or officers shall be final and conclusive and shall be binding on the contractor 4. The contractor further agrees that any amount found due to the Government under or by virtue of this agreement shall be recoverable

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