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

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145.2 Facility DocumentsThe Supplier shall prepare Facility Documents in sufficient detail to satisfy allregulatory approvals. Errors, omissions, ambiguities, inconsistencies, inadequaciesand other defects shall be rectified by the Supplier at his cost.5.3 Technical Standards and RegulationsSubject to the provisions of this Contract, the design, the Facility Documents, theexecution and the installed Facility shall comply with English specifications, technicalstandards, building, construction and environmental regulations, regulationsapplicable to the Facility, and the standards specified in the Technical Specification,or defined by relevant law. References in the Contract to such specifications,regulations, laws and other matters shall be understood to be references to the sameapplicable on the Base Date, unless stated otherwise. If substantially changed or newapplicable national specifications, technical standards, regulations or laws come intoforce after the Base Date, the Supplier shall submit proposals for compliance to thePurchaser. In the event that such proposals constitute a Variation, a Variation shall beinitiated in accordance with Clause 14.6. PLANT, MATERIALS AND WORKMANSHIP6.1 Manner of ExecutionAll Plant and Materials to be supplied shall be manufactured, and all work to be doneshall be executed in accordance with the Technical Specification in a proper andworkmanlike manner, with properly equipped facilities and non-hazardous materials,and in accordance with recognised good engineering practice.6.2 InspectionThe Supplier will carry out inspections of the materials and workmanship andprogress of Plant and Materials to be supplied under the Contract in accordance withthe quality plan to be prepared by the Supplier.7. COMMENCEMENT AND DELAYS7.1 Commencement of ServicesThe Supplier shall commence the [design/procurement] and installation of the Facilityas soon as is reasonably practicable after the Effective Date. The Supplier shall thenproceed with the Services with due expedition and without delay.7.2 Time for CompletionThe Facility shall have passed the Performance Tests by the Time for Completion.7.3 Extension of Time for CompletionThe Supplier is entitled to an extension of the Time for Completion (and acorresponding extension of the Expiry Date) if he is or will be delayed either beforeor after the Time for Completion by any of the following causes:PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007
15(a)a Variation (unless an adjustment to the Time for Completion is agreed underSub-Clause 15.3);(b) a Force Majeure event (as defined in Sub-Clause 19.1);(c) a Release Event (as defined in Sub-Clause 17.3);(d)(e)(f)(g)a cause of delay giving an entitlement to extension of time under a Sub-Clauseof this Contract, unless the Supplier has not complied with such Sub-Clause;[physical conditions or circumstances on the Site, which are adverse and werenot (by the Base Date) drawn to the Supplier’s attention or within itsknowledge (as is evidenced by written records) or foreseeable from the datasupplied to the Supplier by the Purchaser;] 4any breach of this Contract, delay, impediment or prevention by the Purchaser;oran action by a legally constituted public authority which has delayed, impededor prevented the Supplier from installing the Facility other than due to thenegligence or wilful default of the Supplier.If the Supplier intends to apply for an extension of the Time for Completion, theSupplier shall give notice to the Purchaser of such intention as soon as possible,together with any other notice required by the Contract and relevant to such cause.The Supplier shall keep such contemporary records as may be necessary tosubstantiate any application, either on the Site or at another location acceptable to thePurchaser, and such other records as may reasonably be requested by the Purchaser.The Supplier shall permit the Purchaser to inspect all such records, and shall providethe Purchaser with copies as required.The Purchaser shall respond within 28 days of receiving a claim from the Supplier byeither confirming the Supplier's entitlement, or denying the claim with detailedreasons. Any dispute may be referred for resolution in accordance with Clause 20.7.4 Liquidated Damages for DelayIf the Supplier fails to comply with Sub-Clause 7.2 for reasons other than those set outin Clause 7.3 above, the Supplier shall pay to the Purchaser the sum set out inSchedule 3 as liquidated damages for such default (which sum shall be the onlymonies due from the Supplier for such delay) for every week which shall elapsebetween the relevant Time for Completion and the date stated in the PerformanceCertificate, provided that the total of all liquidated damages payable by the Supplierpursuant to this Sub-Clause 7.4 shall not exceed the sum set out in Schedule 3.4 Usually a subject of negotiation as to whom bears this riskPPP 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 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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Water Treatment Plant BOT (New build only) - PPP in Infrastructure ...

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