Page 233 - GSTL_21st May 2020_Vol 36_Part 3

2020 ] IN RE : SIEMENS LTD. 479
Equipment supplied under both ‘Second Contract and
‘Fourth Contract and any other services specified in the
Bidding Documents,
Notwithstanding the award of work under six separate Contracts in
the aforesaid manner, the JV shall be overall responsible to ensure the
execution of all the six Contracts to achieve successful completion and
Taking Over of the works covered under the package and Operational
Acceptance by the Employer as per the requirements stipulated in the
Bidding Documents. It is expressly understood and agreed by the JV
that any default or breach by the JV partners under the ‘First Con-
tract’ and/or ‘Second Contract and/or the ‘Fourth Contract and/or the
‘Sixth Contract and/or breach by the Associate of JV - SIEMENS-1
under the ‘Fifth Contract shall automatically be deemed as a default or
breach of this ‘Third Contract’ also and vice-versa, and any such de-
fault or breach or occurrence giving us a right to terminate the
‘First Contract and/or ‘Second Contract and/ or ‘Fourth Con-
tract and/or ‘Fifth Contract and/or the ‘Sixth Contract’, either
in full or in part, and/or recover damages under those con-
tract(s), shall give us an absolute right to terminate this Contract
at your risk, cost and responsibility, either in full or in part
and/or recover damages under this ‘Third Contract as well.
However, such default or breach or occurrence in the ‘First Con-
tract’ and/or ‘Second Contract’ and/or ‘Fourth Contract and/or
‘Fifth Contract and/or the ‘Sixth Contract’, shall not automati-
cally relieve you any of your obligations under this ‘Third Con-
tract. It is also expressly understood and agreed by you that the
equipment/materials supplied by you under this ‘Third Contract, by
SIEMENS AG on behalf of JV under the ‘First Contract’, by
SUMITOMO on behalf of JV under the Second Contract and Fourth
Contract identified scope of works in respective of Contracts, when
erected, installed and commissioned by you under the ‘Fifth Con-
tract’/by SUMITOMO under the Sixth Contract shall give satisfacto-
ry performance in accordance with the provisions of the Contract(s).
3.0 CONTRACT PRICE -
3.1. The total Contract Price for the entire scope of work under
this Contract shall be EURO 82,463,172 + USD 235,584 + INR
8,345,326,393 (Euro Eighty Two Million Four Hundred Sixty
Three Thousand One Hundred Seventy Two plus US Dollar
Two Hundred Thirty Five Thousand Five Hundred Eighty Four
plus Indian Rupees Eight Billion Three Hundred Forty Five Mil-
lion Three Hundred Twenty Six Thousand Three Hundred
Ninety Three only) as per the following break-up :

Sr. Price Component Amount
No.
1 Ex-works Price Component EURO 82,463,172
+ USD 235,584
+ INR 8,345,326,393
2 Type Test Charges Included
Total for Third Contract (1+2) EURO 82,463,172
+ USD 235,584
+ INR 8,345,326,393
GST LAW TIMES  21st May 2020  233