Clause 2. 2 (Finance Parties’ rights and obligations), Clause 5.1 (Delivery of the Utilisation Request), Clause 7.1 (Illegality), Clause 7.7 (Application of prepayments), Clause 23 (Changes to the Lenders), Clause 24 (Changes to the Obligors), Clause 28 (Sharing among the Finance Parties), this Clause 36, Clause 43 (Governing law) or Clause 44.1 (Jurisdiction);
Clause 2. 1 and 2.2 shall not apply to any Call-Off Contract made under this Framework Agreement which is due to expire after the end of the Term which shall expire in accordance with the terms of that Call-Off Contract.
Clause 2. 1.1 of the Agreement is deleted in its entirety and replaced with the following:
Clause 2. 1. Clause 2.1 of the Agreement is hereby amended by adding the following clause immediately after the use of “non-transferable” in the first sentence: “(except as provided in Paragraph 16 of the T&C’s)”.
Clause 2. The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with, all due diligence (time being deemed to be of the contractor) and the contractor shall pay as compensation an amount as the Superintending Engineer (whose decision in writing shall be final) may decide, of the amount of the estimated cost of the whole work as shown by the tender for every day that work remains uncommenced, or unfinished, after the proper dated. And further to ensure good progress during the execution of the works, the contractor shall be bound in all cases, in which the time allowed for any work exceeds one months to complete. + 1/5 of work in 1/4 of the time limit ½ of work in 1/2 of the time limit ¾ of work in 3/4 of time limit Full work [( 4 ) Four month] in full time limit +Note :- The quantity of work to be done within a particular time to be specified above shall be fixed by the officer competent to accept the contracts after taking into consideration the circumstances of each case and inserted in the blank space kept for the purpose and abide by the programme of detailed progress laid down by the Executive Engineer. The following proportion will usually be found suitable :- 1/5, 2/5, 3/4 of total value of the work to be done in 1/4, 1/2, 3/4 of the time Reasonable progress of earth work 3/10, 4/10, 9/10 of total value of the work to be done. Reasonable progress of masonry work In the event of the contractor failing to comply with these conditions he shall be liable to pay as compensation an amount equal to one percent, or such smaller amounts as the Superintending Engineer (whose decision in writing shall be final) may decide of the said estimated cost of the whole work for every day that the due quantity of work remains incomplete. Provided always that the total amount of compensation to be paid under provision of this clause shall not exceed 10 percent of the estimated cost of the work shown in the tender. Superintending Engineer, should be the final authority in this respect irrespectIV Ae of the fact that the tender is accepted by Chief Engineer, Additional Chief Engineer/ Superintending Engineer/ Executive Engineer of Assistant Engineer/Sub-DIV Aisional Engineer.
Clause 2. 2 (Senior Finance Parties’ rights and obligations), Clause 27 (Changes to the Lenders), Clause 31 (Sharing among the Senior Finance Parties) or this Clause 38;
Clause 2. 3.2 shall not apply to, and the Relevant Purchasers shall not be obliged to, and the Relevant Sellers shall procure that no Group Company shall, accept the transfer of and to assume, duly and punctually pay, satisfy, discharge, perform or fulfil:
Clause 2. 2 (Lenders' rights and obligations), Clause 25 (Changes to the Lenders) or this Clause 36, shall not be made without the prior consent of all the Lenders.
Clause 2. In clause 2, "Mines Act 1958" is deleted and replaced with "Mineral Resources (Sustainable Development) Act 1990".
