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The reference to Articles in these Special Conditions refers to the Articles of the General Conditions which these Special Conditions amend or complement.

As the case may be, Appendices to these Special Conditions shall be numbered by the number of the Articles of the General Conditions to which reference is made by these Special Conditions.

Article 1.1 The Employer’s Requirements are set out in Appendix………………………………

The agreed rate for Overheads is ………………….% (optional).

The agreed rate for Profit is ……………….% (optional)

Article 4 The Parties agree that the ruling language of this Contract and any disputes or differences decided in relation to it is ……………………………………………………(Optional).

Article 5.1 The law governing this Contract shall be the law(s) of………………………………………………….

Article 8.1 Assumptions of the Parties are set out in the Appendix to Article 8.

Article 9.1 The permits, third party licences and authority approvals that each Party shall obtain are set out in Article 9.1, or, as the case may be, in the Appendix to Article 9.1.

Article 10.1 Each Party shall provide (at its own expense) the following guarantee(s), bonds or other securities:

By the Employer

…………………………………………………………….

.By the Contractor

………………………………………………………………..

………………………………………………………………..

Article 10.2 The guarantees, bonds and/or other securities required under the Contract shall be in the form set

out in Article 10.2.

Article 14.2 The maximum period for the Employer to evidence the financial arrangements required under Article 14.2. is of………………………………………………………………………………………………………………………

Article 21.1 The original points, lines and levels of reference are given by the Employer in Article 21.1.

Article 26 Each Party’s responsibilities with respect to protection of the environment are detailed in Appendix ………………………….

Article 30.1 Article 30.1 is amended as follows (optional):

1.

2.

3.

4.

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Article 30.3 Article 30.3 is amended as follows (optional):

1.

2.

3.

4.

Article 35.5 The maximum aggregate value exceeding the Contract Price and/or the number of Days exceeding the Time to Taking-Over shall be respectively:……. % of the Contract Price and …………….Days.

Article 35.8 The Parties agree on the list of unit rates appended as Article 35.8 d).

Article 36.1 Time to Taking-Over shall be calculated from the Start Date and shall be months.

Article 36.2 The Start Date shall be determined as follows:

1.

2.

3.

4.

Article 36.2 The Employer shall issue the Notice to Proceed to Contractor in the form set out in Article 36.2.

Article 37.3 The rate for each complete Week of delay and for an incomplete Week shall be respectively:……….. of the Contract Price per Week or of the Contract Price per Day up to a maximum of the Contract Price.

Article 37.6 A bonus is/is not payable to the Contractor for Taking-Over earlier than the end of the Time to Taking-Over.

Article 37.7 The rate of bonus payable to the Contractor for each complete and for each incomplete Week when Taking-Over was early shall be respectively:……………… of the Contract Price per Week or ………….of the Contract Price per Day up to a maximum …………………..of the Contract Price.

Article 38.1 The Contractor undertakes to perform the Design and the Works in accordance with the Contract and also the Schedule of Contractual Dates as set out in Article 38.1.

Article 41.2 The Parties recognise and agree that the Contract Price is payable in instalments according to the progress of the Works in an Invoice Period and/or milestones as set out in Article 41.2.

Article 42.3 Applications for payment shall be submitted in the form set out in any Appendix to Article 42.3 or, if there is no such Appendix, in a form established by the Contractor and agreed by the Employer.

Article 42.9 All payments made under this Contract shall be made by the method set out in Article 42.9 or otherwise by bank transfer to an account or accounts nominated by the Contractor.

Article 45.2 The period in which the Employer shall either deliver to the Contractor a Certificate of Completion or a Notice that in his opinion Completion has not been achieved shall be Days after receipt of Contractor’s Notice of Completion.

Article 46.2 Any commissioning activities shall be set out in Article 46.2 or otherwise agreed by the Parties.

Article 46.3 The Guaranteed Performance and, as the case may be, the Minimum Performance shall be set out in an Appendix to these Special Conditions named respectively: “Guaranteed Performance” and as the case may be: “Minimum Performance”. Unless otherwise agreed by the Parties, all Performance Tests shall be performed and completed prior to Taking-Over.

The Contractor shall provide the Employer with the Contractor’s methodology for conducting the Performance Tests no later than 90 days before the tests are to begin.

Article 46.10 Performance-related liquidated damages shall be specified in an Appendix to 46.10 (if any), and shall be of a maximum amount of…………………………………………………………………….

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Article 46.14 To the extent that the performance of the Works is better than Guaranteed Performance, the Contractor shall/shall not1 be entitled to a bonus calculated in accordance with the Appendix to Article 46.14 (if any). If no option has been chosen, by default it shall be deemed that the Contractor is not entitled to any bonus.

Article 47.4 The Contractor’s access to the Site, to areas of land necessary for preparation off site of part of the Works, and/or the Works after Taking-Over shall be governed by Article 47.4 .

Article 47.5 If the Works or any Section are to be completed in more than one step or phase, then Article 47.5 or such other reasonable stepped or phased schedules as established by agreement, shall apply.

Article 47.6 When the Contractor believes that it has met the Taking-Over Conditions of the Works or any Section in accordance with Articles 47.1 and 47.2, it shall deliver to the Employer a Notice thereof in the form set out in Article 47.6 and otherwise any other reasonable form if none is set out.

Article 48.1 The assessment procedures after Taking-Over are set in Article 48.1. For all procedures, the principles are set out in Appendix If there are no such procedures set out in Appendix , then Article 47.4 shall apply.

Article 49.1 By exception to Article 49.1. of the General Conditions, the Defect Correction period shall be of …………….months.

Article 51.3 The maximum of the aggregate liability under this Contract shall be % of the Contract Price.

Article 54.2 The number of unworkable Days due to inclement weather the Parties have allowed for in the Time to Taking-Over shall be ………………..Days.

Article 55.8 The minimum number of Days to give Notice of termination of this Contract shall be Days.

Article 62.1 The Employer has advised the Contractor and the Contractor accepts that the party providing finance for the Project is granted a security interest in the Project and will have a step-in right under the terms and conditions of the assignment agreement which the Parties countersign for identification on the date of signature of this Contract.

Article 64.2 The Parties do/do not¹ agree to appoint a CDB at the time of entering into the Contract. If the Parties agree to appoint a CDB at the time of entering into the Contract, the number of members of the CDB shall be …... If the Parties do not agree to appoint a CDB at the time of entering into the Contract, or have not selected an option in this Article, then they may at all times decide to appoint a CDB for the avoidance and/or resolution of any Dispute by way of entering into a CDB Agreement according to the ICC DB Rules. In that case, Articles 64.3 to 64.9 will apply with all necessary changes.

Article 64.5 The Parties do/do not² agree to have Disputes with a monetary value of less than two (2) million Euros or equivalent of such amount in the agreed currency resolved between them through the Expedited Procedure as per Article 30 of the ICC Rules of Arbitration.

If no option has been chosen, by default it shall be deemed that the Parties have not opted out of the expedited procedure provisions of the applicable ICC Rules of Arbitration.

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