General Conditions for Information Technology Contracts

GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 37 of 5236.7 The Contractor, in the event that any Variation is urgent and the performance of the Servicescannot, in the sole opinion of the Superintendent, proceed unimpeded due to time involved inprocessing an Adjustment Order, shall carry out a Variation after receiving an order from theSuperintendent specifying the effect thereof (if any) on the Contract Price, and the ContractPeriod as agreed with the Contractor pursuant to clause 36.2. The Parties, as soon aspracticable thereafter, shall sign an Adjustment Order. The Contractor, where it carries outany Variation other than in accordance with this clause shall be to its account.36.8 The Contractor shall not be entitled to additional costs or to an extension of the date forcompletion in respect of Services already commenced or executed which have not beencarried out in accordance with this clause 36.36.9 Where issue of any instruction to vary the Services is necessitated by some default or breachof the Contract by the Contractor or for which it is responsible, any additional costattributable to such default shall be borne by the Contractor.37. CONTRACT PRICE37.1 The Contractor shall be deemed to have satisfied itself before submitting its bid as to thecorrectness and sufficiency of its bid for the Services. The Contract Price shall cover properallowance for all risks, liabilities and obligations set out or implied in the Contract.37.2 The Contractor shall remain liable to perform all of its obligations under the Contract,notwithstanding that it did not foresee any matter which has affected or may affect theperformance of the Services. In particular, the Contractor shall not be entitled to make anyclaim for additional cost in the event of any misunderstanding by the Contractor in respect ofany matter relating to the Services.37.3 The Contract Price is a fixed price or rates and shall not be adjusted except where permittedby and in accordance with this Contract.37.4 The Contract Price shall not be subject to any adjustment due to fluctuation in the cost ofpersonnel, material, equipment, vehicles, freight, transport, insurance, foreign currencies orany other input to the Services which the Contractor is responsible for providing under theContract.37.5 The Company shall not be liable to pay any extra sum over the Contract Price towards licensefee and royalty for the use of any product or software provided by the Contractor, nor shallthe Contractor be entitled to claim for any work done or any expenditure incurred which isnot in accordance with the Contract.37.6 The provisions of clauses 37.1 to 37.5 shall apply to the schedule of unit rates contained inthe Contract for purpose of valuation of Variations, and are inclusive, but not limited toprovision of all material, equipment (including testing equipment), transportation, qualitycontrol and inspection, tools, consumables, wages, overtime payment, bonuses, overheads,profits, insurance, mobilisation, demobilisation, and all other costs for fulfilling theContractor’s obligations under the Contract.37.7 The Company may adjust the Contract Price pursuant to the provisions of this Contract, includingby way of deduction from the Contract Price, all extra costs or damages incurred by theMarch 2011