9.0 Representations, warranties and undertakings of the contractor

9.1  Representations and Warranties

The Contractor hereby represents and warrants to the Government that

(a) It is a corporation validity exisitng under the laws of Malaysia

(b)The Contractor has obtained a valid registration with the Construction Industry DEevelopment Board;

(c) It has the corporate power to enter into and perform its obligations uinder this contract and to carry out the transactions and to carry on its business as contemplated by this Contract'.

(d) it has taken all necessary corporate actions to auythorize the entry into and performance of this Contract and to carry out the transactions contemplated by this Contract.

(e) as at the execution date, neither the execution nor performance by it of this Contract nor any tranactions contemplated by this Contract will violate in any respect any provision of -

(i) its memorandum and Articles of Association; or

(ii) any other document or agreement which is binding upon it or its asset

(f) no litigation, arbitration, tax claim, dispute or administrative proceedin g is presently current or pending ort, to its knowledge, threatened, which is likely to have a material adverse effect upon it or its ability to perform its financial or othjer obligations under this Contract;

(g) this Contract constitutes a legal, valid and vinding obligation of the Contractor and is enforceable in accordance with its terms and conditions;

(h) it has necessary financial and technical capabilityu to undetrake the Works.

and the Contractor acknowledges that the Government has entered into this Contract in reliance on its representations and warranties as aforesaid .


9.2    
The Contractor undertake that -

(a) it shall comply with all requirem ents, statutory or otherwise, regulating or relating to the conduict, trade , business or profession of a contractor, and the Contractor shall be fully and solely liable for all costs incurred thereby ;


applicable only if the Contractor is company registered under the Companies Act 1965

(b) it shall pay all taxes that may be imposed on the profis made in respect of this Contract in accordance with the applicable laws; and

(c) it shall ensure that all his employees, including non- Malaysian personnel, comply with all relevant laws to which they are subjhect to including paykment of income tax, which in respect thereto the Contractor shall make such deductions from the salaries of his employees as may be lawfully imposed by the relevant authority.