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

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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
13(a)(b)an extension of time under Sub-Clause 7.3; andthe amount of any additional Cost due to such conditions.4.5 ProgrammeThe Supplier shall submit to the Purchaser, for information, within 30 days of theEffective Date the Programme which shall contain the order in which the Supplierproposes to carry out the Services (including each stage of design, delivery to Site,installation, testing and commissioning of the Facility). The Supplier may amendsuch Programme from time to time and shall notify the Purchaser of any suchamendment as soon as practicable.4.6 Progress ReportsThe Supplier shall provide during the Contract Period the reports set out in Schedule2.4.7 FossilsAll fossils, coins, articles of value or antiquity, and structures and other remains orthings of geological or archaeological interest or other relevant obstructions such asunexploded munitions discovered on the Site shall (as between the Parties) be theproperty of the Purchaser. The Supplier shall take reasonable precautions to preventhis staff, labour or other persons from removing or damaging any such article orthing. The Supplier shall, immediately upon discovery of such article or thing, advisethe Purchaser, who may issue instructions for dealing with it.If the Supplier suffers delay and/or incurs Cost arising from or in connection withsuch article or thing or in following these instructions of the Purchaser and if suchdelay and/or Cost was not (by the Base Date) foreseeable by an experiencedcontractor from the information provided by the Purchaser in accordance with Sub-Clause 4.3, the Supplier shall be entitled to:(a)(b)any extension of time under Sub-Clause 7.3; andthe amount of any additional Cost due to such conditions.4.8 Release from ObligationsThe Supplier shall be relieved of its obligation to perform the Services to the standardset out in Sub-Clause 4.1 to the extent delivery of Services is impeded, prevented ordelayed by a Purchaser's Risk event, as set out in Sub-Clause 17.3.5. DESIGN5.1 General ObligationsSubject to the provisions of this Contract, the Supplier shall carry out, and beresponsible for, the design of the Facility in accordance with the TechnicalSpecification. The Supplier holds himself, his designers and design Subcontractors ashaving the experience and capability necessary for the design.PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007
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Page 3 and 4: 3other property. [For the purposes
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Page 9 and 10: 92.2 Failure to Meet Conditions Pre
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Page 21 and 22: 2114.2 Value EngineeringThe Supplie
Page 23 and 24: 2315.3 TaxesThe payments to be made
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Page 35 and 36: 35keep further contemporary records
Page 37 and 38: 37(b)The Purchaser shall indemnify
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Page 41 and 42: 41SCHEDULE 2REPORTSThe Supplier sha
Page 43 and 44: 43SCHEDULE 4FEES AND CONSEQUENCES O
Page 45 and 46: 45an amount comprising costs of wor
Page 47 and 48: 47SCHEDULE 6INSURANCEPPP in Infrast
Page 49 and 50: 49SCHEDULE 8[LICENCE/LEASE]PPP in I
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