General Conditions for Information Technology Contracts

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GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 31 of 52Neither the Contractor nor the Company shall be liable for loss of use or anticipated profits orother consequential or indirect loss or damage, arising from any cause whatsoever and the Partieshereto shall indemnify and keep indemnified each other against all losses, damages and claimstherefor.29. APPLICABILITY OF STATE LAWS29.1 The Contractor, insofar as applicable, shall be subject to all Laws regarding any matteraffecting the Contract and shall indemnify the Company against all Losses resulting frombreach by it of any such Laws.29.2 The Contractor, without prejudice to the generality of clause 29.1, shall be deemed to haveacquainted itself in detail with all Laws relating to:29.2.1 social security;29.2.2 the issue of work permits to non-Kuwaiti workers in the private sector;29.2.3 safety and the protection of public utilities and resources;29.2.4 HSE;29.2.5 the protection of Kuwaiti industrial products and the protection of Kuwaiti industry;29.2.6 working hours, overtime and rest days of the Personnel employed by the Contractor,including restriction on working hours outdoors during the summer months;29.2.7 the employment of Kuwaiti manpower;29.2.8 declaration of commissions in connection with State contracts, and where such Law isapplicable or becomes applicable to the Contract, the Contractor shall serve on theSuperintendent within the time limit specified by such Law a declaration in the formrequired, if such a declaration was not made by the Contactor at the time ofsubmitting any bid in relation to the Services;29.2.9 notifications to be made by contractors about their subcontractors;29.2.10 the establishment and operation of the Environment Public Authority; and29.2.11 the import and customs duties applicable to the shipment and import of goods intoKuwait.29.3 The Contractor shall be responsible for:29.3.1 obtaining all documentation required for customs clearance in relation to the importof Equipment and Consumables. The Company shall issue the necessary certificationrequired to assist the Contractor for customs clearance purposes; and29.3.2 paying all customs and import duties, port handling charges, transportation, deliveryand similar charges in connection with the import of all Equipment and Consumablesinto Kuwait and their transportation to and from the Site.March 2011
GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 32 of 5229.4 The Company shall reimburse to the Contractor all such reasonable direct costs actuallyincurred, in the event that, subsequent to the bid closing date, any Law comes into effectwhich could not, at the date on which the Contractor's bid was submitted, have been foreseenand which causes an increase in the Contractor's cost in the performance of the Services,provided that the Contractor submits for the Company's approval sufficient evidence to theeffect that the Contractor had taken immediate steps to mitigate the effect of such Law,together with a breakdown of the claimed additional cost and based on the Contract Price tothe extent possible.29.5 In the event that, subsequent to the bid closing date, any Law or any change or amendment ofany Law comes into effect which causes reduced costs of Services, through reduced liabilityof Taxes, duties and fees (or howsoever), the Contractor shall pass on the benefits of suchreduced Taxes, duties or fees to the Company to the extent such reduction in cost is directlyattributable to such introduction of new Law or change or amendment as mentioned above.29.6 If required by Law, the Contractor shall appoint a Kuwaiti agent in Kuwait in respect of theContract, and shall provide the following details of its Kuwaiti agent so appointed as andwhen required by the Company:29.6.1 name and commercial registration;29.6.2 address in Kuwait;29.6.3 address of main place of business or office in Kuwait (if different from clause 29.6.2above); and29.6.4 letter from the agent on the agent's letterhead confirming appointment.29.7 In the event that any of the Contractor's owners, partners or local agents becomes a memberof the Central Tenders Committee or an employee of the Company during the ContractPeriod, the Contractor shall promptly notify the Superintendent.29.8 The Contractor’s failure to provide adequate manpower for the performance of the Servicesfor any reason including its non-compliance with all or any of the laws, rules and regulations(including Ministerial Orders) practices and procedures pertaining to the recruitment of localand foreign labour shall not entitle the Contractor to an extension of time, postponement ofthe Date for Commencement or an extension of the Contract Period.29.9 The Contractor shall not be entitled to reimbursement of any loss incurred by it as a result ofchange to any law during the period of delay where the Contractor fails to complete theServices by the date for completion specified in the Contract where such delay is due to itsacts or omissions.30. TRANSPORTATION AND CARRIAGE PRIORITIESThe Contractor shall use Kuwait Airways Corporation (“KAC”) or the respective nationalairline of the country of such employees, agents or representatives or the country exportingthe goods in the event air travel of Contractor’s employees, agents and representatives, or airfreight of goods, is required or becomes necessary for the performance of the Contractor’sobligations under the Contract. Where flights of either KAC or the national airline are notMarch 2011
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General Conditions for Information Technology Contracts

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