Water Treatment Plant BOT (New build only) - PPP in Infrastructure ...

12(iv)(v)all relevant Permits from time to time in force including withoutlimitation all relevant health and safety authorisations andenvironmental consents; andthe Purchaser Site Regulations.(c)If the Supplier is aware of a conflict between the requirements set out inparagraph (b), it shall inform the Purchaser accordingly and the Parties shalldiscuss and agree upon the manner in which the Supplier should perform itsobligations. Failing agreement the Purchaser shall direct the manner in whichsuch conflict shall be resolved provided that the manner as directed by thePurchaser will not cause the Supplier, its employees, agents or Subcontractorsto breach any mandatory or criminal law or to run any risk of criminal, penalor other non-monetary penalties or prosecution and that the Purchaser shall(save to the extent arising by virtue of any negligent act or omission of theSupplier or a breach of this Contract by the Supplier) indemnify the Supplieragainst all costs, claims, damages, expenses, fines, losses, liabilities andpenalties incurred or sustained by the Supplier as a result of the performanceof the Services by the Supplier in accordance with such direction.4.2 SubcontractorsThe Supplier may subcontract any part of the Services to be provided by it under thisContract without the prior written consent of the Purchaser. If the Supplier doessubcontract any part of the Services, the Supplier shall not be relieved from anyliability or obligation under this Contract and the Supplier shall continue to beresponsible for the negligent acts, omissions or defaults of any of its Subcontractors asfully as if they were the negligent acts, omissions or defaults of the Supplier, itsofficers, employees or agents.4.3 Site DataThe Purchaser shall have made available to the Supplier, prior to [date], all the dataon hydrological and sub-surface conditions at the Site, and studies on environmentalimpact, which have been obtained by or on behalf of the Purchaser frominvestigations for the Services. The Supplier shall be responsible for interpreting suchdata, the Purchaser shall be responsible for the accuracy of such data.4.4 Unforeseeable Sub-Surface Conditions3 If sub-surface conditions are encountered by the Supplier which were not set out inthe data supplied by the Purchaser in accordance with Sub-Clause 4.3, the Suppliershall give notice to the Purchaser so that the Purchaser can inspect such conditions. Ifsuch conditions were not (by the Base Date) foreseeable from the data supplied by thePurchaser pursuant to Sub-Clause 4.3 by an experienced supplier, the Supplier shallbe entitled, to the extent that such conditions delay the Time for Completion or resultin additional Cost, to:3 It may be appropriate for the Supplier to accept the risk for data/investigations of sub-surfaceconditions if the Supplier has sufficient access prior to contract to the SitePPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007