Common use of Authority’s Actions Clause in Contracts

Authority’s Actions. Except where otherwise agreed with hubco and included in xxxxx’s procurement arrangements, the Authority will, at its own cost, procure and deliver and unload to hubco to a central location as is agreed between the parties at the Site (which for the avoidance of doubt, must be safely accessible by those persons delivering the relevant item or items of Equipment), the Group 2 Equipment in accordance with the Final Commissioning Programme or on the date specified in the relevant notice issued pursuant to paragraph 5.3 below or as otherwise agreed between the parties. As soon as reasonably practicable after delivery, the Authority and hubco shall undertake a visual inspection of any Group 2 Equipment delivered by the Authority. If it is apparent from the visual inspection that such Group 2 Equipment is damaged or otherwise does not accord with the items of equipment listed in Appendix 1 to this Schedule Part 10, the Authority shall remove any such damaged Group 2 Equipment, or such Group 2 Equipment which is not in accordance with the items of equipment listed in Appendix 1 to this Schedule Part 10, and shall deliver a replacement for such Group 2 Equipment in accordance with the original dates in the Final Commissioning Programme or on the date specified in the relevant notice issued pursuant to paragraph 5.3 below or as otherwise agreed between the parties. The Authority shall provide hubco with all necessary design information that it may reasonably require in respect of the Group 2 Equipment, including key dimensions, service supplies, commissioning details, fixing details and loads required to install structure partitions and services adjacent to and/or serving those items of Group 2 Equipment and to notify hubco of the precise required locations within the relevant rooms of such Group 2 Equipment in accordance with the Final Commissioning Programme. In the event that the Authority has not supplied any Group 2 Equipment for the Project on the date set out in the Final Commissioning Programme, or on the date specified in the relevant notice issued pursuant to paragraph 5.3 below or as otherwise agreed between the parties, hubco shall be relieved of any obligation to install or place such Group 2 Equipment and the provisions of Clause 22 shall apply. Not used. The Authority shall at its own cost procure, install and commission the Group 3 Equipment at the Facilities as part of the Authority’s Commissioning or Authority’s Post Completion Commissioning activities. Not used. The Authority shall ensure that delivery of any Group 2 Equipment and delivery and installation of any Group 3 Equipment by or on behalf of the Authority shall be performed in accordance with Law, Good Industry Practice, exercising due care and attention and having regard to xxxxx’s other operations at the Facilities. The Authority shall make good any damage caused by or in the course of delivery of the Group 2 Equipment to the reasonable satisfaction of hubco. When undertaking delivery of the Group 2 Equipment and delivery and installation of the Group 3 Equipment, as the case may be, the Authority shall, and shall procure that Authority Parties shall, comply with all relevant safety procedures, which shall include any relevant construction phase plans and health and safety plans for the construction of the Facilities, the Contractor’s Site Rules from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor’s Site Manager from time to time and that there is no interference with, hindrance or delay of hubco or any hubco Party.

Authority’s Actions. Except where otherwise agreed with hubco and included in xxxxxhubco’s procurement arrangements, the Authority will, at its own cost, procure and deliver and unload to hubco to a central location as is agreed between the parties at the Site (which for the avoidance of doubt, must be safely accessible by those persons delivering the relevant item or items of Equipment), the Group 2 Equipment in accordance with the Final Commissioning Programme or on the date specified in the relevant notice issued pursuant to paragraph 5.3 below or as otherwise agreed between the parties. As soon as reasonably practicable after delivery, the Authority and hubco shall undertake a visual inspection of any Group 2 Equipment delivered by the Authority. If it is apparent from the visual inspection that such Group 2 Equipment is damaged or otherwise does not accord with the items of equipment listed in Appendix 1 to this Schedule Part 10, the Authority shall remove any such damaged Group 2 Equipment, or such Group 2 Equipment which is not in accordance with the items of equipment listed in Appendix 1 to this Schedule Part 10, and shall deliver a replacement for such Group 2 Equipment in accordance with the original dates in the Final Commissioning Programme or on the date specified in the relevant notice issued pursuant to paragraph 5.3 below or as otherwise agreed between the parties. The Authority shall provide hubco with all necessary design information that it may reasonably require in respect of the Group 2 Equipment, including key dimensions, service supplies, commissioning details, fixing details and loads required to install structure partitions and services adjacent to and/or serving those items of Group 2 Equipment and to notify hubco of the precise required locations within the relevant rooms of such Group 2 Equipment in accordance with the Final Commissioning Programme. In the event that the Authority has not supplied any Group 2 Equipment for the Project on the date set out in the Final Commissioning Programme, or on the date specified in the relevant notice issued pursuant to paragraph 5.3 below or as otherwise agreed between the parties, hubco shall be relieved of any obligation to install or place such Group 2 Equipment and the provisions of Clause 22 shall apply. Not used. The Authority shall at its own cost procure, install and commission the Group 3 Equipment at the Facilities as part of the Authority’s Commissioning or Authority’s Post Completion Commissioning activities. Not used. The Authority shall ensure that delivery of any Group 2 Equipment and delivery and installation of any Group 3 Equipment by or on behalf of the Authority shall be performed in accordance with Law, Good Industry Practice, exercising due care and attention and having regard to xxxxxhubco’s other operations at the Facilities. The Authority shall make good any damage caused by or in the course of delivery of the Group 2 Equipment to the reasonable satisfaction of hubco. When undertaking delivery of the Group 2 Equipment and delivery and installation of the Group 3 Equipment, as the case may be, the Authority shall, and shall procure that Authority Parties shall, comply with all relevant safety procedures, which shall include any relevant construction phase plans and health and safety plans for the construction of the Facilities, the Contractor’s Site Rules from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor’s Site Manager from time to time and that there is no interference with, hindrance or delay of hubco or any hubco Party.

Authority’s Actions. Except where otherwise agreed with hubco DBFM Co and included in xxxxxDBFM Co’s procurement arrangements, the Authority will, at its own cost, procure and deliver and unload to hubco DBFM Co to a central location as is agreed between the parties at the Site (which for the avoidance of doubt, must be safely accessible by those persons delivering the relevant item or items of Equipment), the Group 2 Equipment in accordance with the Final Commissioning Programme or on the date specified in the relevant notice issued pursuant to paragraph 5.3 below or as otherwise agreed between the parties. As soon as reasonably practicable after delivery, the Authority and hubco DBFM Co shall undertake a visual inspection of any Group 2 Equipment delivered by the Authority. If it is apparent from the visual inspection that such Group 2 Equipment is damaged or otherwise does not accord with the items of equipment listed in Appendix 1 to this Schedule Part 1011, the Authority shall remove any such damaged Group 2 Equipment, or such Group 2 Equipment which is not in accordance with the items of equipment listed in Appendix 1 to this Schedule Part 1011, and shall deliver a replacement for such Group 2 Equipment in accordance with the original dates in the Final Commissioning Programme or on the date specified in the relevant notice issued pursuant to paragraph 5.3 below or as otherwise agreed between the parties. The Authority shall provide hubco DBFM Co with all necessary design information that it may reasonably require in respect of the Group 2 Equipment, including key dimensions, service supplies, commissioning details, fixing details and loads required to install structure partitions and services adjacent to and/or serving those items of Group 2 Equipment and to notify hubco DBFM Co of the precise required locations within the relevant rooms of such Group 2 Equipment in accordance with the Final Commissioning Programme. In the event that the Authority has not supplied any Group 2 Equipment for the Project on the date set out in the Final Commissioning Programme, or on the date specified in the relevant notice issued pursuant to paragraph 5.3 below or as otherwise agreed between the parties, hubco DBFM Co shall be relieved of any obligation to install or place such Group 2 Equipment and the provisions of Clause 22 29 shall apply. Not usedThe Authority shall be responsible for the maintenance, replacement and disposal of Group 2 and Group 2a Equipment and DBFM Co shall have no responsibility to provide general maintenance or replace or dispose of the Group 2 or Group 2a Equipment. The Authority shall at its own cost procure, install and commission the Group 3 Equipment at the Facilities as part of the Authority’s Commissioning or Authority’s Post Completion Commissioning activities. Not usedThe Authority shall be responsible for the maintenance, replacement and disposal of the Group 3 Equipment and DBFM Co shall have no responsibility to maintain or replace or dispose of the Group 3 Equipment. The Authority shall ensure that delivery of any Group 2 Equipment and delivery and installation of any Group 3 Equipment by or on behalf of the Authority shall be performed in accordance with Law, Good Industry Practice, exercising due care and attention and having regard to xxxxxDBFM Co’s other operations at the Facilities. The Authority shall make good any damage caused by or in the course of delivery of the Group 2 Equipment and delivery and/or installation of the Group 3 Equipment, as the case may be, to the reasonable satisfaction of hubco. DBFM Co. When undertaking delivery of the Group 2 Equipment and delivery and installation of the Group 3 Equipment, as the case may be, the Authority shall, and shall procure that Authority Parties shall, comply with all relevant safety procedures, which shall include any relevant construction phase plans and health and safety plans for the construction of the Facilities, the Contractor’s Site Rules from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor’s Site Manager from time to time and that there is no interference with, hindrance or delay of hubco DBFM Co or any hubco DBFM Co Party. DBFM CO OBLIGATIONS In addition to the obligations on DBFM Co defined in paragraph 2.2 above and paragraph 1 of Appendix 2: Equipment Responsibility Matrix of this Schedule Part 11, and in order to facilitate a choice of Equipment actively involving the Authority, DBFM Co shall in the period prior to the [relevant Phase] Actual Completion Date inform the Authority as to: the proposed make, model and manufacturer of items of Equipment to be supplied by DBFM Co provided always that the Authority may, within a reasonable period of time and taking into account DBFM Co’s obligations under this Agreement, request that DBFM Co substitute the proposed piece of Equipment, or choices offered, with another type or model or style (whether or not enhanced or superior) or an item of equipment other than that which DBFM Co was proposing to supply provided that any such request must take into account the following issues: the cost and lead time for the ordering and delivery of the proposed substitute; the cost and availability of spares for the proposed substitute; the cost of ongoing maintenance of the proposed substitute and any maintenance contracts associated therewith; any warranty periods relating to the proposed substitute; the installation period and whether the installation requirements for the proposed substitute differ from the installation requirements of the DBFM Co Proposals; any additional risk of Deductions or Warning Notices arising as a result of the proposed substitute; and any other matter agreed by the parties (acting reasonably), and where, as a result of any of items specified in (a) to (g) above, there is a cost or other impact on DBFM Co as a result of the Authority’s preferred piece of Equipment, then this shall be dealt with as an Authority Change in accordance with the provisions of Schedule Part 16 (Change Procedure). DBFM Co shall install the Group 2 Equipment and Group 2a Equipment at the Facilities in accordance with the Final Commissioning Programme and in accordance with requirements of Schedule Part 10 (Outline Commissioning Programme). If DBFM Co requires an item of Group 2 Equipment to be delivered on a date other than that set out in the Final Commissioning Programme, DBFM Co shall give the Authority not less than twenty five (25) Business Days prior written notice of the date upon which DBFM Co requires the Authority to procure the delivery for each item of Group 2 Equipment to be installed by DBFM Co in accordance with paragraph 5.2. Following delivery of the Group 2 Equipment pursuant to paragraph 4.1 above, DBFM Co shall procure the safe and appropriate storage of the same until the completion of installation by DBFM Co. DBFM Co shall at its own cost procure, install and commission the Group 2a Equipment at the Facilities as set out in the Final Commissioning Programme. DBFM Co shall, without prejudice to the Authority’s rights and obligations under Clause 13, allow the Authority and/or any Authority Party, access to the Site, or procure that access is given, in accordance with the Final Commissioning Programme to enable the Authority and/or any Authority Party, to install the relevant Group 3 Equipment. Subject to paragraphs 4.8 to 4.10, DBFM Co shall ensure that neither it nor any DBFM Co Party shall interfere with, hinder or delay the Authority or any Authority Party in undertaking the installation of the Group 3 Equipment.