Page 237 - GSTL_21st May 2020_Vol 36_Part 3

2020 ] IN RE : SIEMENS LTD. 483
vices Contract-ll’ (also referred to as the ‘Sixth Contract’) for
the subject package, for performance of all other activities inter
alia including port handling of the plant and Equipment in-
cluding mandatory Spares for +320kV HVDC Cable and some
of its associated items to be supplied from abroad, loading, in-
land transportation and insurance for delivery at site, insur-
ance, unloading, storage and handling at site, installation in-
cluding civil works, testing and commissioning including Per-
formance Testing in respect of all Plant and Equipment sup-
plied 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 re-
quirements 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
Contract’ 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 ‘Third Con-
tract shall automatically be deemed as a default or breach of this ‘Fifth Contract al-
so and vice versa, and any such default or breach or occurrence giving us a
right to terminate the First Contract’ and/or ‘Second Contract and/or
‘Third Contract and/or ‘Fourth Contract and/or the ‘Sixth Contract’, either
in full or in part, and/or recover damages under those contract(s), shall
give us an absolute right to terminate this Contract at your risk, cost and re-
sponsibility, either in full or in part and/or recover damages under this
Fifth Contract as well.
However, such default or breach or occurrence in the First Contract’ and/or
‘Second Contract and/or ‘Third Contract and/or ‘Fourth Contract’ and/or
‘Sixth Contracts, shall not automatically relieve you any of your obligations
under this ‘Fifth Contract. It is also expressly understood and agreed by
you that the equipment/materials supplied by you under the ‘Third Con-
tract, by SIEMENS AG on behalf of JV under the ‘First Contract, by
SUMITOMO on behalf of JV under the ‘Second Contract and Fourth Con-
tract’, as per identified scope of works in respective Contracts, when erect-
ed, installed and commissioned by you under this ‘Fifth Contract’/by
SUMITOMO under the ‘Sixth Contract shall give satisfactory performance
in accordance with the provisions of the Contract(s)..
3. CONTRACT PRICE -
3.1 The total Contract Price for the entire scope of work under this Con-
tract shall be INR 2,797,437,352 (Indian Rupees Two Billion Seven Hundred
Ninety Seven Million Four Hundred Thirty Seven Thousand Three Hun-
dred Fifty Two only) as per the following break-up :

Sr. Price Component Amount
No.
i Local Transportation, Insurance and other Inci- INR 623,073,872
dental Services (VSC Portion)
ii Installation Charges (VSC Portion) INR 2,174,363,480
iii Training Charges Included
Total for Fifth Contract (i+ii+iii) INR 2,797,437,352

GST LAW TIMES  21st May 2020  237