General Conditions for Information Technology Contracts

KUWAIT OIL COMPANY (K.S.C.)(Register of Commerce No. 21835)GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS1. DEFINITIONSThe following expressions shall, unless the context otherwise requires or is otherwise defined,have the meanings hereby assigned to them:1.1 “Acceptance Criteria” means the criteria for testing and commissioning the System or theServices as detailed in the Contract, and as further developed by the Parties pursuant to clause 35of these General Conditions of Contract.1.2 “Adjustment Order” means a written adjustment to the Contract pursuant to an instructionissued by the Superintendent to the Contractor to execute a Variation.1.3 Certificates:1.3.1 “Certificate of Completion Stage (…)” means the certificate issued by theSuperintendent stating that the Contractor has completed such Stage of the Servicesas applicable and as further detailed in clause 21.6.1.3.2 “Final Acceptance Certificate” means the certificate issued by the Superintendent oncompletion of the Contract.1.3.3 “System Installation Certificate” means the certificate issued to the Contractor whenthe acceptance tests and commissioning of the System is satisfactorily completed inaccordance with clause 35, and the Contractor has complied with its other obligations theperformance of which is required prior to the issuance of such certificate.1.3.4 “Takeover Certificate” has the meaning ascribed to it in clause 31.5.1.4 “Confidential Information" means, any information of a confidential or business-sensitivenature (not necessarily stamped as confidential) acquired by the Contractor relating to theCompany and/or any Services, which information is the property of or obtained on behalf of(a) the Company or (b) a regulatory authority or third party with which the Company hasentered into a duty of confidentiality regarding such information.1.5 “Contract” means the aggregate of all the documents specified in the Memorandum ofAgreement.1.6 “Contractor” means the person or persons, firm or company named in the Memorandum ofAgreement and includes the Contractor’s Representatives, successors and permittedassignees.1.7 “Contractor’s Representative” means the Contractor’s employee nominated by theContractor, who shall represent the Contractor and act on its behalf and as further described inclause 16.1.8 “Contract Specification” means the document titled as such and forming part of the ContractMarch 2011