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

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6plural and vice versa where the context requires. Words importing one gender alsoinclude other genders.1.4 Law and LanguageThe law of the Contract is the law of [COUNTRY].The language for day to day communications shall be English.1.5 Priority of DocumentsThe documents forming the Contract are to be taken as mutually explanatory of oneanother. If there is an ambiguity or discrepancy in the documents, the Purchaser shallissue any necessary clarification or instruction to the Supplier, and the priority of thedocuments shall be as follows:(a)(b)(c)these conditions of contract, the Special Conditions (Schedule 3) and Schedule4;the Technical Specification;the other Schedules; and(d) [ ].1.6 Documents on SiteThe Supplier shall keep on the Site [Note: specify which part of the Site] onecomplete set of the documents forming the Contract, the Facility Documents,Variations, and any communications given or issued under Sub-Clause 1.7. ThePurchaser and all persons authorised by him shall have the right to use suchdocuments at all reasonable times.1.7 CommunicationsWherever provision is made for the giving or issue of any notice, instruction, consent,approval, certificate or determination by any person, unless otherwise specified suchcommunication shall be in writing and shall not be unreasonably withheld or delayed.Wherever provision is made for a communication to be "written" or "in writing", thismeans any hand-written, type-written or printed communication, includingtransmission by fax.All certificates, notices or written orders to be given to the Supplier by the Purchaserand all notices to be given to the Purchaser by the Supplier, shall either be deliveredby hand against written acknowledgement of receipt or the agreed systems ofelectronic transmission. The addresses for the receipt of such communications shallbe as stated in this Contract.All notices or other communications under this Contract to any Party shall be deemedto be duly given or made when delivered (in the case of personal delivery or post) orwhen received in the case of facsimile (as confirmed by a transmission report). APPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007
7notice or other communication received on a non-working day or after business hoursin the place of receipt shall be deemed to be served on the next following working dayin such place.1.8 Provision of Facility DocumentsThe Facility Documents shall be in the custody and care of the Supplier.1.9 Compliance with Statutes, Regulations and Laws(a)(b)The Supplier shall, in all matters arising in the performance of the Contract,comply with and give all notices under the provisions of any national or statestatute, ordinance or other law, or any regulation of any legally constitutedpublic authority having jurisdiction over the Services.The Purchaser shall obtain all Purchaser Permits, in reasonable time takingaccount of the times for delivery of the Plant and Materials and forcommencement and completion of the Services. The Supplier shall obtain allSupplier Permits. Each Party shall provide the other Party with full assistanceand co-operation in obtaining and maintaining all of the Permits which theother Party is responsible for.(c) The Purchaser and the Supplier shall comply with the laws of [ ].1.10 SeverabilityThe invalidity, in whole or in part, of any of the provisions of this Contract will notaffect the validity of the remainder of this Contract.1.11 Whole Agreement and AmendmentThis Contract contains the complete agreement between the Purchaser and theSupplier with respect to the matters contained herein and supersedes all otheragreements, whether written or oral, with respect to the matters contained therein. Nomodification, amendment, or other change of this Contract will be binding on anyParty unless consented to in writing by both Parties.In entering into this Contract no party may rely on any representation, warranty,collateral contract or other assurance (except those set out in this Contract) made byor on behalf of any other Party before the signature of this Contract and each of theParties waives all rights and remedies which, but for this Sub-Clause, might otherwisebe available to it in respect of such representation, warranty, collateral contract orother assurance; provided that nothing in the Sub-Clause shall limit or exclude anyliability for fraud.1.12 WaiverFailure by either Party to exercise any of its rights under this Contract shall notconstitute a waiver of such rights. Neither Party shall be deemed to have waived anyright resulting from any failure to perform by the other unless it has made such waiverspecifically in writing or unless otherwise provided in this Contract.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 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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