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1 2 NOW THESE 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 which the 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 The Contractor hereby agree and undertake to perform and fulfil all the operations and obligations connected with the execution of the said contract " 0 " ( Here enter full name of the work) if awarded in favour of the contractor. PRELIMINARY AGREEMENT Preliminary agreement entered in to this …………………. day of …………..……………...…. two thousand ………..………….. between OFFICE OF THE ASSISTANT ENGINEER,LSGD SECTION,PALLIKKAL GP for and on behalf of the PALLIKKAL GP Grama Panchayat hereinafter called Grama Panchayat of the one part and Shri…………………………………………………………………………………………………..……………..……………………………………… ……………………..(Here enter full name and address of the contractor) of the other part for the execution of the agreement as well as for the execution of the work "0 " ( Here enter full name of the work) by Notification No AE/LSGD/E10/05/2018-19 dated 0 For executing the Agreement with the tender inviting autority , the tenderer shall deposit a sum equal to 5% of Agreed PAC and this shall be treated as performance guarantee for the proper fulfillment of the same and shall execute an agreement for the work in the prescribed Form. The Deposit amount will be in the form of Bank Guarantee or Fixed Deposit fee Receipt of any Nationalised/Scheduled Bank subject to a condition that minimum 50% of the amount should be as Treasury fixed Receipt . After executing the agreement all the EMD remitted by the contractors for the work is refunded to the Account through electronic transfer.. If he fails to do this or in the case of LSGD/PWD Contracts not maintain a specified rate of progress ( to be specified in each case in the tender schedule) the EMD and Performance guarantee shall be forfeited to LSGI 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 requisite deposit, sign the contracts or take the possession of the work, any loss to the department due to the same will be recovered from him as arrears of revenue, but should it be a saving to the department , the original contractor shall have no claim whatever,to the difference Recoveries on this or any other account will be made from the sum that may due to the contractor on this or any other subsisting contracts under the Revenue Recovery Act, or otherwise PALLIKKAL GP Grama Panchayat may decide AND WHEREAS Para 13 of the notice inviting tenders stated as follows 3 4 5 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 PALLIKKAL GP Grama Panchayat 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 authorized by PALLIKKAL GP Grama Panchayat its behalf, taking in to consideration the prevailing LSGD 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 The contractor further agrees that any amount found due to the PALLIKK

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