General Conditions for Information Technology Contracts

GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 5 of 525. INSPECTIONInspection or no-inspection, witnessing or non-witnessing, approval or non-approval by theCompany or its representatives of any matter required to be done by the Contractor shall notbe construed as acceptance by the Company, nor shall be deemed free from Defect, nor act asa waiver of the Contractor’s obligations to comply with the requirements of the Contract.6. EXTENT OF CONTRACT6.1 The requirements of the Contract comprise the performance and completion of the Servicesand the provision of all labour; transport; constructional plant; temporary works; material,whether of a temporary or permanent nature; and any other item as necessary for performanceand completion of the Services as specified in, or are reasonably inferred from the Contract.6.2 The Contractor, where any work, material or item is required but is not specified in theContract but which is necessary for the proper performance of the Services in accordancewith the Contract, shall perform such work and/or furnish such material or item as if sospecified.7. DOCUMENTS MUTUALLY EXPLANATORY7.1. All parts of the Contract are intended to be correlative and complementary and any obligationimposed by one part and not mentioned in another shall be performed to the same extent andpurpose as though required by all. The misplacement, addition or omission of a word orcharacter shall not change the intent of any part of the Contract from that set forth by theContract as a whole.7.2. The Superintendent, where ambiguities or discrepancies are found between the documents,shall issue the necessary clarification or instruction for the Contractor’s compliance.7.3. Where different standards relative to the same matter appear or are referred to in the Contract,the most stringent of such standards shall apply.8. INDEPENDENT CONTRACTOR8.1. The Contractor, for the purpose of the performance of the Services, is an independentcontractor and in no event shall this Contract or any work performed under it create a relationbetween principal and agent partnership, joint venture or other relationship between theParties.8.2. The Contractor has no authority to bind the Company in any way without the express prioragreement of the Company.8.3. The Contractor shall be solely liable for the persons employed or engaged by it for theperformance of the Services and all debts, liabilities, and obligations of any kind imposedupon or incurred by the Contractor in the performance of the Services shall be deemed to bedebts, liabilities and obligations solely of the Contractor9. ASSIGNMENTMarch 2011