Article 13 THE EMPLOYER’S OBLIGATIONS

13.1 This Contract is a reciprocal contract with each Party owing obligations to the other Party.

13.2 The Employer’s responsibilities include the obligation to pay the Contract Price and to co-operate, in good faith, with the Contractor in order to enable it to perform its duties, as set out in this Contract, and not to hinder or delay the Contractor in the Contractor’s performance of the Works.

PROVIDING THE SITE

13.3 The Employer shall be responsible, to the extent necessary for the purposes of the Works, for acquiring and providing legal and physical possession of the Site (or Sections of it) and access thereto, and providing possession and use of and access to all areas reasonably required for the proper execution of the Works by the Contractor, including all requisite rights of way and access routes in accordance, if applicable, with the Appendices and other terms of the Contract and shall give all rights of access thereto on or before the Date or Dates set out in this Contract, or, if there are no such Dates, the reasonable Dates upon which the Contractor reasonably notifies the Employer that they are required.

13.4 Unless otherwise stated in the Schedule of Contractual Amendments, the possession is to be absolute and not hindered by the Employer or other contractors associated with the Employer and/or the Project. If the Contractor suffers delay and/or incurs Cost from failure on the part of the Employer to acquire and provide such legal and physical possession of, and/or right of access to, the Site and all other areas reasonably required, the Contractor shall give notice to the Employer. The Employer shall proceed to consult with the Contractor to agree an appropriate extension or extensions of the Time to Taking-Over and a fair addition to the Contract Price and shall notify the Contractor accordingly.

EVIDENCE THAT THE EMPLOYER WILL BE ABLE TO PAY THE CONTRACT PRICE

13.5 The Employer shall submit, within 21 Days of a request by the Contractor, evidence reasonably satisfactory to the Contractor that financial arrangements have been made and are maintained that will enable the Employer to pay the Contract Price at any time after the Start Date.

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Article 14 THE CONTRACTOR’S OBLIGATIONS

14.1 The Contractor shall, with due diligence, design, procure, supply, execute, commission, test and complete the Works, and shall remedy any Defects in the Works in accordance with the Contract. When completed, the Works shall be fit for the purposes for which the Works are intended as specifically defined in the Contract.

14.2 The Contractor shall in accordance with the Contract provide all superintendence, labour, services, Plant, materials, Contractor’s Equipment, Temporary Works and all other things, whether of a temporary or permanent nature, required in and for such design, procurement, supply, execution, commissioning, testing and Completion of the Works and dealing with any Defects therein.

Article 15 CO-OPERATION WITH OTHER CONTRACTORS AND CO-ORDINATION OF ACTIVITIES

15.1 The Contractor shall be responsible for its own construction activities on the Site, and the adequacy and stability of its Site operations, including Temporary Works. It shall co-ordinate at its own expense its activities with those of other contractors to the extent (if any) specified in the Employer’s Requirements.

15.2 The Contractor shall, as specified elsewhere in the Contract or as reasonably requested or instructed by the Employer and where it does not disrupt the Contractor’s own work, allow appropriate opportunities for carrying out work to:

(a) the Employer’s Personnel;

(b) any other contractors employed by the Employer; and

(c) the personnel of any public authorities;
who may be employed in the execution on or near the Site of any work not included in the Contract.

15.3 Any further request or instruction from the Employer for co-operation shall give an entitlement to an extension of the Time to Taking-Over and, if additional expense is involved, a Variation.

15.4 If co-operation could include the use of Equipment, Temporary Works or access arrangements that are the responsibility of the Contractor, the Contractor shall be entitled to refuse such co-operation or ask for reasonable payments in respect of the Equipment or services.

15.5 Unless otherwise provided, to the extent that the Employer’s other contractors or the Employer’s own personnel delay the Works, those delays shall be compensated as Variations to the Contract Price and extensions of the Time to Taking-Over.

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Article 16 QUALITY ASSURANCE

16.1 The Contractor shall put into place a quality assurance system to demonstrate compliance with the requirements of the Contract. The system shall be in accordance with any details stated in the Contract. If there are no such details, the Contractor shall implement a system that is appropriate in the Country, for demonstrating compliance with the Contract.

16.2 Compliance with the quality assurance system shall not relieve the Contractor of any of its duties, obligations or responsibilities under the Contract.

16.3 Without prejudice to the Contractor’s obligations under this Article 16, the Employer shall be entitled to ask at any time for details of the quality assurance system and the Contractor’s, or its Sub-contractor’s, compliance with it.

Article 17 STAFF AND LABOUR

EMPLOYMENT OF CONTRACTOR’S STAFF AND LABOUR

17.1 Unless otherwise specified in the Employer’s Requirements, the Contractor shall be responsible for the employment of all its staff and labour whether local or otherwise, for the purpose of executing the Works and the performance of the Contract and shall be responsible where relevant for their payment, accommodation, supply of food and transport and any other matters specified in this Contract.

17.2 The Contractor shall observe the conditions of labour, comply with all relevant labour laws, including those relating to employment, working hours, health, safety, social welfare, immigration and emigration that are relevant and applicable in the Country and shall pay its staff and labour wages consistent with those established or, if not established, practised for the trades and industries of the Country.

17.3 The Contractor shall keep full records of its staff and labour employed on the Site and shall make these available to the Employer upon request.

FACILITIES FOR STAFF AND LABOUR

17.4 The Contractor shall provide and maintain the facilities for its own staff and labour.

17.5 If the Employer or its agent(s) indicates that facilities are required for Employer’s staff and labour, and no such requirement is found in the Contract, the Cost of providing facilities for the Employer or its agent(s) shall be a Variation to the Contract. In such cases, the Contractor shall not proceed to provide facilities without the specific written authorization of the Employer.

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HEALTH, WELFARE OF STAFF AND LABOUR

17.6 The Contractor shall provide and maintain the health facilities specified in the Contract (if any). Whether or not such facilities are specified and in any event, the Contractor shall be responsible for ensuring that adequate medical facilities are provided for and available. The Contractor shall collaborate with local health authorities and shall take the necessary measures to ensure the welfare, hygiene and prevention and control of epidemics of and amongst the Contractor’s staff and labour.

CUSTOMS OF THE COUNTRY

17.7 Each Party shall have due regard and respect for religious practices, days of rest and other recognized customs of the Country.

DISRUPTIVE CONDUCT

17.8 Each Party shall be responsible for taking all reasonable measures to prevent unlawful, riotous or disruptive conduct amongst its staff and labour.

SUB-CONTRACTORS

17.9 All of the main sub-contracts involving work on the Site shall contain the provisions of this Article 17, and each Party shall in any event ensure and be responsible for observance of the provisions of this Article by its Subcontractors.

Article 18 REPRESENTATIVES OF THE PARTIES

18.1 Each Party shall appoint a Representative within seven Days of the Contract Date by notice to the other Party.

18.2 The Parties’ Representatives shall each have the appropriate professional qualifications or experience necessary for each of them to carry out their duties and exercise the authority specified in or required of them under the Contract in a competent and professional manner.

18.3 The Parties’ Representatives shall each be appointed to spend the majority of their time for the purpose of the execution of the Works and the performance of the Contract. This may be done on or off the Site.

18.4 The Parties’ Representatives shall, unless parts of their authority are specifically reserved in advance in writing by the Party concerned, be deemed to have been given full authority for all of their actions under the Contract and any such actions shall be binding on the Party that employs them. [Page27:]

18.5 The Parties’ Representatives may from time to time assign duties and delegate authority vested in them under the Contract to assistants (including if necessary Site Representatives) employed by the Party for the purpose of the Contract and may at any time revoke such assignment or delegation. Such assignment, delegation and revocation shall be confirmed, if requested, by notice to the other Party with a copy to the other Party’s Representative. Unless otherwise stated in advance and in writing, such duties and authorities carried out and/or exercised by such assistants shall be deemed to have been carried out and/or exercised by the Party’s Representative.

18.6 Unless otherwise agreed, the Parties’ Representatives and their assistants shall be fluent in speaking and writing the ruling language.

Article 19 EACH PARTY’S DUTY TO NOTIFY

19.1 Without prejudice to the scope of Article 3, each Party shall carefully review the scope of its work and the other Party’s documents prior to the Start Date and thereafter as circumstances require until Taking-Over. Each Party shall give prompt notice to the other Party of any error, fault or other Defect found in the other Party’s documents or any other items of reference supplied by the other Party. In the event that such error, fault or other Defect involves a change or modification to the Contractor’s Documents or the Works, the provisions of Article 35 shall be applied as necessary.

19.2 The Contractor shall not be liable for any errors, faults or Defects in the Employer’s Requirements or any other Design or documents supplied or specified by the Employer. Similarly, the Employer shall not be liable for any errors, faults or Defects in the Contractor’s Documents or work.