Common use of NOW THIS Clause in Contracts

NOW THIS. MEMORANDUM witnesseth and it is hereby agreed by and between the parties hereto as follows: A. The scope and responsibility and participation of the Agency in this MOU shall generally be as follows: i) The Agency shall prepare and provide the Planning, Survey, and Construction/ Execution, Maintenance of the entire work as per the original tender of BRO-MoD on back-to-back basis. ii) The Agency has agreed that the tendered scope is tentative and may change after detail investigation and final acceptance of BRO-MoD during execution of the said Project. iii) The Agency shall bear their own expenses to submit necessary documents for Expression of Interest and Bidding. iv) The agency agrees and undertakes to indemnify and hold harmless BBJ against any liability, loss, cost, damages or expenses sustained as a result of breach or default or negligence or improper performance or disturbance caused by itself or by any of its subcontractors, suppliers, or associates in connection with its part of Works as per Contract. v) For the execution of the scope of work, the Agency shall make own arrangements to bring in the required finance, plant and equipment, materials, manpower and other resources as per the written direction given by BBJ. vi) The Agency shall co-operate with BBJ throughout the entire period of this MOU on the basis of exclusivity and shall not make arrangement or enter into agreement either directly or indirectly with any other Party or Group of Parties on matters relating to the Project except with the prior written consent of BBJ. vii) The Agency shall not assign or transfer its interest specified in this MOU to any other party without the prior written consent of BBJ. B. The scope and responsibility of BBJ in this MOU shall generally be as follows: i) BBJ will be responsible for participation and securing contract(s) for the said Project of BRO-MoD. ii) In the event BBJ being the successful bidder in getting the contract for the said Project, BBJ will off-load entire work (on back-to-back basis) of the said Project to the Agency. In this regard the decision of BBJ is final. iii) BBJ will make payments to the Agency at the agreed rates for the specific project/ contract on back-to-back basis when BBJ will get corresponding payment from the concerned Authority of BRO-MoD.

NOW THIS. MEMORANDUM witnesseth and it is hereby agreed by and between the parties hereto as follows: A. The scope and responsibility and participation of the Agency Design Consultant in this MOU shall generally be as follows: i) The Agency Design Consultant shall prepare and provide the required Design, Drawing and Planning, Survey, Engineering, etc, for the Construction of Foundation and Construction/ ExecutionRCC Substructure including earthwork, Maintenance Deck concrete work, RCC / PSC superstructure work along with Bearings, R.E. Wall, Approaches, Road work, Drainage Work, Project Furniture, Shifting of utilities, Traffic Management, Barricading, etc. all the entire work as per for each ROB except the original tender Supply, Fabrication and erection of BRO-MoD on back-to-back basisstructural steel work and Bearing for Bow String Girder. ii) The Agency Design Consultant has agreed that the tendered scope is BOQ Items and quantities are tentative and may change after detail investigation investigation, design and final acceptance of BRO-MoD the authority during execution of the said Project. iii) The Agency Design Consultant shall bear their own expenses to submit necessary documents for Expression of Interest and Bidding. iv) The agency Design Consultant agrees and undertakes to indemnify and hold harmless BBJ against any liability, loss, cost, damages or expenses sustained as a result of breach or default or negligence or improper performance or disturbance caused by itself or by any of its subcontractors, suppliers, or associates in connection with its part of Works as per Contract. v) For the execution of the scope of work, the Agency Design Consultant shall make own arrangements to bring in the required finance, plant and equipment, materials, manpower and other resources as per the written direction given by BBJ. vi) The Agency Design Consultant shall co-operate with BBJ throughout the entire period of this MOU on the basis of exclusivity and shall not make arrangement or enter into agreement either directly or indirectly with any other Party or Group of Parties on matters relating to the Project except with the prior written consent of BBJ. vii) The Agency Design Consultant shall not assign or transfer its interest specified in this MOU to any other party without the prior written consent of BBJ. B. The scope and responsibility of BBJ in this MOU shall generally be as follows: i) BBJ will be responsible for participation and securing contract(s) for the said Project of BRO-MoD.South East Central Railway. ii) In the event BBJ being the successful bidder in getting the contract for the said Project, BBJ will off-load entire work (on back-to-back basis) a specific portion of the said Project to the AgencyDesign Consultant. In this regard the decision of BBJ is shall be final. iii) BBJ will make payments to the Agency Design Consultant after successful completion of the off- loaded portion of the said Project by the Design Consultant, at the agreed rates for the specific project/ contract on back-to-back basis when BBJ will get corresponding payment from the concerned Authority of BRO-MoD.the

NOW THIS. MEMORANDUM witnesseth and it is hereby agreed by and between the parties hereto as follows: A. The scope and responsibility and participation of the Agency in this MOU shall generally be as follows: i) The Agency shall prepare and provide the Planning, Survey, Design, and Construction/ Execution, Maintenance of the entire work as per the original tender of BROSAIL-MoD DSP on back-to-back basis. ii) The Agency has agreed that the tendered scope is tentative and may change after detail investigation investigation, design and final acceptance of BRO-MoD the authority during execution of the said Project. iii) The Agency shall bear their own expenses to submit necessary documents for Expression of Interest and Bidding. iv) The agency agrees and undertakes to indemnify and hold harmless BBJ against any liability, loss, cost, damages or expenses sustained as a result of breach or default or negligence or improper performance or disturbance caused by itself or by any of its subcontractors, suppliers, or associates in connection with its part of Works as per Contract. v) For the execution of the scope of work, the Agency shall make own arrangements to bring in the required finance, plant and equipment, materials, manpower and other resources as per the written direction given by BBJ. vi) The Agency shall co-operate with BBJ throughout the entire period of this MOU on the basis of exclusivity and shall not make arrangement or enter into agreement either directly or indirectly with any other Party or Group of Parties on matters relating to the Project except with the prior written consent of BBJ. vii) The Agency shall not assign or transfer its interest specified in this MOU to any other party without the prior written consent of BBJ. B. The scope and responsibility of BBJ in this MOU shall generally be as follows: i) BBJ will be responsible for participation and securing contract(s) for the said Project of BROSAIL-MoD.DSP. ii) In the event BBJ being the successful bidder in getting the contract for the said Project, BBJ will off-load entire work (on back-to-back basis) of the said Project to the Agency. In this regard the decision of BBJ is final. iii) BBJ will make payments to the Agency at the agreed rates for the specific project/ contract on back-to-back basis when BBJ will get corresponding payment from the concerned Authority of BROSAIL-MoD.DSP.

NOW THIS. MEMORANDUM witnesseth and it is hereby agreed by and between the parties hereto as follows: A. The scope and responsibility and participation of the Agency in this MOU shall generally be as follows: i) The Agency shall prepare and provide the Planning, SurveySurveying, Supply, Fabrication and Construction/ Execution, Maintenance erection of the entire structural steel work as per the original tender of BRO-MoD on back-to-back basisfor FOB. ii) The Agency has agreed that the tendered scope is BOQ Items and quantities are tentative and may change after detail investigation and final acceptance of BRO-MoD during execution of the said Project. iii) The Agency shall bear their own expenses to submit necessary documents for Expression of Interest and Bidding. iv) The agency agrees and undertakes to indemnify and hold harmless BBJ against any liability, loss, cost, damages or expenses sustained as a result of breach or default or negligence or improper performance or disturbance caused by itself or by any of its subcontractors, suppliers, or associates in connection with its part of Works as per Contract. v) For the execution of the scope of work, the Agency shall make own arrangements to bring in the required finance, plant and equipment, materials, manpower and other resources as per the written direction given by BBJ. vi) The Agency shall co-operate with BBJ throughout the entire period of this MOU on the basis of exclusivity and shall not make arrangement or enter into agreement either directly or indirectly with any other Party or Group of Parties on matters relating to the Project except with the prior written consent of BBJ. vii) The Agency shall not assign or transfer its interest specified in this MOU to any other party without the prior written consent of BBJ. B. The scope and responsibility of BBJ in this MOU shall generally be as follows: i) BBJ will be responsible for participation and securing contract(s) for the said Project of BRO-MoD.Eastern Railway. ii) In the event BBJ being the successful bidder in getting the contract for the said Project, BBJ will off-load entire work (on back-to-back basis) a specific portion of the said Project to the Agency. In this regard the decision of BBJ is final. iii) BBJ will make payments to the Agency after successful completion of the off-loaded portion of the said Project by the Agency, at the agreed rates for the specific project/ project / contract on back-to-back basis when BBJ will get corresponding payment from the concerned Authority of BRO-MoD.Eastern Railway.

NOW THIS. MEMORANDUM witnesseth and it is hereby agreed by and between the parties hereto as follows: A. The scope and responsibility and participation of the Agency in this MOU shall generally be as follows: i) The Agency shall prepare and provide the Planning, Survey, Design, and Construction/ Execution, Construction of Maintenance of the entire work as per the original tender consisting of BRO-MoD on back-to-back basis.RCC Substructure with Foundation including earthwork, Deck concrete work, superstructure work along with Bearings, Return or Wing Wall, ii) The Agency has agreed that the tendered scope is are tentative and may change after detail investigation investigation, design and final acceptance of BRO-MoD the authority during execution of the said Project. iii) The Agency shall bear their own expenses to submit necessary documents for Expression of Interest and Bidding. iv) The agency agrees and undertakes to indemnify and hold harmless BBJ against any liability, loss, cost, damages or expenses sustained as a result of breach or default or negligence or improper performance or disturbance caused by itself or by any of its subcontractors, suppliers, or associates in connection with its part of Works as per Contract. v) For the execution of the scope of work, the Agency shall make own arrangements to bring in the required finance, plant and equipment, materials, manpower and other resources as per the written direction given by BBJ. vi) The Agency shall co-operate with BBJ throughout the entire period of this MOU on the basis of exclusivity and shall not make arrangement or enter into agreement either directly or indirectly with any other Party or Group of Parties on matters relating to the Project except with the prior written consent of BBJ. vii) The Agency shall not assign or transfer its interest specified in this MOU to any other party without the prior written consent of BBJ. B. The scope and responsibility of BBJ in this MOU shall generally be as follows: i) BBJ will be responsible for participation and securing contract(s) for the said Project of BRO-MoD.NHIDCL. ii) In the event BBJ being the successful bidder in getting the contract for the said Project, BBJ will off-load entire work (on back-to-back basis) a specific portion of the said Project to the Agency. In this regard the decision of BBJ is final. iii) BBJ will make payments to the Agency after successful completion of the off-loaded portion of the said Project by the Agency, at the agreed rates for the specific project/ project / contract on back-to-to- back basis when BBJ will get corresponding payment from the concerned Authority of BRO-MoD.NHIDCL.

NOW THIS. MEMORANDUM witnesseth and it is hereby agreed by and between the parties hereto as follows: A. The scope and responsibility and participation of the Agency in this MOU shall generally be as follows: i) The Agency shall prepare and provide the Planning, Survey, Construction of Foundation and Construction/ ExecutionRCC Substructure including earthwork, Maintenance Deck concrete work, RCC / PSC superstructure work along with Bearings, R.E. Wall, Approaches, Road work, Drainage Work, Project Furniture, Shifting of utilities, Traffic Management, Barricading, Supply of Cement, Reinforcement, etc. all the entire work as per for each ROB except the original tender Supply, Fabrication and erection of BRO-MoD on back-to-back basisstructural steel work and Bearing for Bow String Girder. ii) The Agency has agreed that the tendered scope is BOQ Items and quantities are tentative and may change after detail investigation investigation, design and final acceptance of BRO-MoD the authority during execution of the said Project. iii) The Agency shall bear their own expenses to submit necessary documents for Expression of Interest and Bidding. iv) The agency agrees and undertakes to indemnify and hold harmless BBJ against any liability, loss, cost, damages or expenses sustained as a result of breach or default or negligence or improper performance or disturbance caused by itself or by any of its subcontractors, suppliers, or associates in connection with its part of Works as per Contract. v) For the execution of the scope of work, the Agency shall make own arrangements to bring in the required finance, plant and equipment, materials, manpower and other resources as per the written direction given by BBJ. vi) The Agency shall co-operate with BBJ throughout the entire period of this MOU on the basis of exclusivity and shall not make arrangement or enter into agreement either directly or indirectly with any other Party or Group of Parties on matters relating to the Project except with the prior written consent of BBJ. vii) The Agency shall not assign or transfer its interest specified in this MOU to any other party without the prior written consent of BBJ. B. The scope and responsibility of BBJ in this MOU shall generally be as follows: i) BBJ will be responsible for participation and securing contract(s) for the said Project of BRO-MoD.South East Central Railway. ii) In the event BBJ being the successful bidder in getting the contract for the said Project, BBJ will off-load entire work (on back-to-back basis) a specific portion of the said Project to the Agency. In this regard the decision of BBJ is final. iii) BBJ will make payments to the Agency after successful completion of the off-loaded portion of the said Project by the Agency, at the agreed rates for the specific project/ project / contract on back-to-back to back basis when BBJ will get corresponding payment from the concerned Authority of BRO-MoD.South East Central Railway.

NOW THIS. MEMORANDUM witnesseth and it is hereby agreed by and between the parties hereto as follows: A. The scope and responsibility and participation of the Agency in this MOU shall generally be as follows: i) The Agency shall prepare and provide the Planning, Survey, Design, and Construction/ Execution, Construction of Maintenance of the entire work as per consisting of RCC Substructure with Foundation including earthwork, Deck concrete work, superstructure work along with Bearings, Return or Wing Wall, Approaches, Road work, Drainage Work , Project Furniture, Shifting of utilities, Traffic Management, Barricading, Supply of Cement, Reinforcement, etc. all components for the original tender successful execution of BRO-MoD on back-to-back basisthe work. ii) The Agency has agreed that the tendered scope is are tentative and may change after detail investigation investigation, design and final acceptance of BRO-MoD the authority during execution of the said Project. iii) The Agency shall bear their own expenses to submit necessary documents for Expression of Interest and Bidding. iv) The agency agrees and undertakes to indemnify and hold harmless BBJ against any liability, loss, cost, damages or expenses sustained as a result of breach or default or negligence or improper performance or disturbance caused by itself or by any of its subcontractors, suppliers, or associates in connection with its part of Works as per Contract. v) For the execution of the scope of work, the Agency shall make own arrangements to bring in the required finance, plant and equipment, materials, manpower and other resources as per the written direction given by BBJ. vi) The Agency shall co-operate with BBJ throughout the entire period of this MOU on the basis of exclusivity and shall not make arrangement or enter into agreement either directly or indirectly with any other Party or Group of Parties on matters relating to the Project except with the prior written consent of BBJ. vii) The Agency shall not assign or transfer its interest specified in this MOU to any other party without the prior written consent of BBJ. B. The scope and responsibility of BBJ in this MOU shall generally be as follows: i) BBJ will be responsible for participation and securing contract(s) for the said Project of BRO-MoD.NHIDCL. ii) In the event BBJ being the successful bidder in getting the contract for the said Project, BBJ will off-load entire work (on back-to-back basis) a specific portion of the said Project to the Agency. In this regard the decision of BBJ is final. iii) BBJ will make payments to the Agency after successful completion of the off-loaded portion of the said Project by the Agency, at the agreed rates for the specific project/ contract on back-to-back basis when BBJ will get corresponding payment from the concerned Authority of BRO-MoD.project