CO129-509-15 Water supply- development scheme 30-1-1928 - 17-1-1929 — Page 191

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77. If for any reason whatsoever the Works shall not be executed, completed Damages for and delivered up as aforesaid within the prescribed time, or such extended period Delay. as may be allowed by the Engineer under the provisions of Clause 61 hereof, the Contractors shall be liable to pay to the Government in respect of such delay as and for liquidated damages the sum of £100 per week for each and every week or part of a week that may elapse between the date when the same should have been completed and the actual date of completion as certified by the Director.

of Government

78. No breach or non-observance on the part of the Government of any of the Breach on Part Agreements herein on the part of the Government contained shall annul this Contract Not to Annul or discharge the Contractors from the observance and performance thereof or of any Contract. part thereof, but compensation for damages (if any) shall be made to the Contractors or at the option of the Engineer an extension of time given to them in respect of such breach or non-observance by the Government, such compensation or extension of time to be fixed by the Engineer.

Contractors to

79. If the Contractors shall go into liquidation (except for the purpose of Provision in Case reconstruction) or from any cause whatever fail to complete and deliver over the of Failure of Works to the Government in accordance with this Contract and by the prescribed Complete. time or the extended time (if any), or, if in the judgment of the Engineer, the Contractors fail to proceed with due dispatch in the execution of any of the Works or in any other respect fail in the due performance or observance of this Contract, then and in every or in such case, if the Engineer certifies that it is in his judgment proper for the Government so to do, the Government may at the Contractors' expense, and without ousting the Contractors from the site, and without prejudicing the rights of the Government against them for or in respect of any of the matters and things hereinbefore contained, or for or in respect of any and every breach of contract by them, and for all damages and costs and expenses arising thereout or therefrom, do, supply, pay and perform whatever the Contractors have failed to do, supply, pay or perform, and any sums paid or expenses incurred by the Government under this clause when certified by the Engineer may be deducted by the Government from any moneys due or to become due to the Contractors or may be recovered by them from the Contractors as liquidated damages.

80. In addition to the powers given by the last preceding clause, and whether the powers therein mentioned are being or have been exercised or not, and without prejudice to the rights of the Government for damages for breach of Contract by the Contractors, or to any other right conferred upon the Government by any of the provisions of this Contract, upon the Certificate of the Engineer that the Contractors have made default or are in default in the performance of any of their obligations under this Contract, or that they have not commenced the Works upon the order of the Engineer or that they have not completed or are not in the opinion of the Engineer in a position to complete the Works by the prescribed or extended time (if any), or that they have abandoned the work, or that they are removing or attempting to remove from the site any plant, or materials contrary to the pro- visions of Clause 57 hereof, or that contrary to the provisions of Clause 12 hereof. they have assigned or disposed of the Contract or any part thereof or any share or interest therein or the benefit thereof or of any part thereof, or have sub-let the Contract or any part thereof, or have entered into any sub-contract for the execution of the Works or any part thereof, the Government may, after notice to the Contractors that such Certificate has been given, enter and take possession of the Works, materials and plant (including temporary buildings), and oust the Contractors from the site.

Power to take Certain Events.

Possession in

81. If the Government shall in the exercise of the power contained in the last Consequences of

Government preceding clause enter and take possession of the Works, materials and plant

Taking Possession (including temporary buildings) and oust the Contractors from the site, then and in that case the following provisions shall take effect :--

(1) The Government may themselves or through other Contractors construct and complete the Works in any way they think proper at the Contractors' expense, and the Government or their Contractors may use and use up all materials, temporary buildings, and plant then on the site, employing all labour and purchasing all other materials which the Government may consider necessary for the purpose.

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