General Conditions for Information Technology Contracts

GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 21 of 52the line, levels and positions of all such installations before commencing any work. TheContractor shall exercise extreme care when carrying out any activity or task adjacent to or inthe vicinity of any of the Company’s installations to ensure that no damage is inflicted onthem. The Contractor, wherever necessary for the safe operation of the Services, shall supplyand install Company approved protective barriers between existing installations and theServices.20.2 The Contractor, where the nature of the Services require soil compaction, shall ensure thatcompacting applied over or close to installations shall not endanger them in any way. Wherenecessary, only hand compaction shall be employed. The Contractor shall use distributedloading, not damage roads, roadside fixtures, underground cables, overhead transmission linesand their supports, tracks, pipe crossings or bridges of the Company or others.20.3 The Contractor, where it causes or allows damage to be caused to any existing pipeline, cableor other services, road, track, pipe crossing, bridge, other installation, services, facility and thelike belonging to the Company or third parties, shall promptly and at its cost repair and makegood the damage. Where the Contractor fails to promptly repair the damage, the Companymay at its discretion after giving seven (7) days’ notice to the Contractor, make good anydamage caused by the Contractor by using other contractors or the Company’s own resourcesand in such case all costs of repairs including ten per cent (10%) towards administrative costas liquidated damages shall be payable by the Contractor. In case of failure, the Companyshall recover all such costs from the Contractor as a debt or may deduct from any money dueor that may become due to the Contractor under this or any other contract between theCompany and the Contractor without notice or judicial proceedings.21. INSPECTION AND TESTING21.1 The Contractor shall be responsible for all inspection and testing required by LAW; appropriatecodes; sound engineering and construction practices; clause 35 (Acceptance Criteria) and theother provisions of the Contract. The Contractor shall provide whatever inspection and testing arerequired to discover any deviation from the Contract or any Defect in material or workmanship.All such inspection and testing shall take place in time to avoid delaying completion of theServices and shall be performed at no additional cost to the Company.21.2 The Company shall have the right at all reasonable times to inspect, or cause the inspection of, orwitness the testing of, any part of the Services while it is in progress.21.3 The Contractor shall ensure that all inspection and testing shall be carried out in presence of theSuperintendent’s Representative.21.4 The Contractor shall promptly rectify at no additional cost to the Company any Defect foundduring the inspection and testing.21.5 The Contractor shall not cover up or put out of view any work without the approval of theSuperintendent or the Superintendent’s Representative and shall serve on the Superintendent anotice of its intention to cover up, in order to permit the Company to examine and measure anywork which is about to be covered up or put out of view. The Superintendent and theSuperintendent’s Representative shall ensure that their examination and measurement of work iscarried out in such a manner as to avoid unreasonable delay to the progress of the Contractor in itsperformance of the Services.March 2011