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

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7notice or other communication received on a non-work<strong>in</strong>g day or after bus<strong>in</strong>ess hours<strong>in</strong> the place of receipt shall be deemed to be served on the next follow<strong>in</strong>g work<strong>in</strong>g day<strong>in</strong> such place.1.8 Provision of Facility DocumentsThe Facility Documents shall be <strong>in</strong> the custody and care of the Supplier.1.9 Compliance with Statutes, Regulations and Laws(a)(b)The Supplier shall, <strong>in</strong> all matters aris<strong>in</strong>g <strong>in</strong> the performance of the Contract,comply with and give all notices under the provisions of any national or statestatute, ord<strong>in</strong>ance or other law, or any regulation of any legally constitutedpublic authority hav<strong>in</strong>g jurisdiction over the Services.The Purchaser shall obta<strong>in</strong> all Purchaser Permits, <strong>in</strong> reasonable time tak<strong>in</strong>gaccount of the times for delivery of the <strong>Plant</strong> and Materials and forcommencement and completion of the Services. The Supplier shall obta<strong>in</strong> allSupplier Permits. Each Party shall provide the other Party with full assistanceand co-operation <strong>in</strong> obta<strong>in</strong><strong>in</strong>g and ma<strong>in</strong>ta<strong>in</strong><strong>in</strong>g 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 <strong>in</strong>validity, <strong>in</strong> whole or <strong>in</strong> part, of any of the provisions of this Contract will notaffect the validity of the rema<strong>in</strong>der of this Contract.1.11 Whole Agreement and AmendmentThis Contract conta<strong>in</strong>s the complete agreement between the Purchaser and theSupplier with respect to the matters conta<strong>in</strong>ed here<strong>in</strong> and supersedes all otheragreements, whether written or oral, with respect to the matters conta<strong>in</strong>ed there<strong>in</strong>. Nomodification, amendment, or other change of this Contract will be b<strong>in</strong>d<strong>in</strong>g on anyParty unless consented to <strong>in</strong> writ<strong>in</strong>g by both Parties.In enter<strong>in</strong>g <strong>in</strong>to this Contract no party may rely on any representation, warranty,collateral contract or other assurance (except those set out <strong>in</strong> 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 <strong>in</strong> respect of such representation, warranty, collateral contract orother assurance; provided that noth<strong>in</strong>g <strong>in</strong> 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 result<strong>in</strong>g from any failure to perform by the other unless it has made such waiverspecifically <strong>in</strong> writ<strong>in</strong>g or unless otherwise provided <strong>in</strong> this Contract.<strong>PPP</strong> <strong>in</strong> <strong>Infrastructure</strong> Resource Center for Contracts, Laws and Regulations (<strong>PPP</strong>IRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007

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