Common use of AVAILABILITY OF TOOLS AND EQUIPMENT Clause in Contracts

AVAILABILITY OF TOOLS AND EQUIPMENT. 5.1 The CONSULTANT confirms that it has all required tools and equipment to perform the Services in accordance with the terms and conditions of this Agreement and such tools and equipment are included in the Contract Price. If however, additional tools and equipment are required in order to perform the Services (“Additional Tools”), the CONSULTANT shall, upon recognizing such requirement, immediately notify the COMPANY. With respect to all required tools and equipment to perform the Services in accordance with the Agreement, the CONSULTANT shall comply with the Safety, Health and Environment industry standard. Non-compliance by the CONSULTANT, its Subcontractor, its alleged Subcontractor or any employee or alleged employee or any agent of the foregoing shall be deemed as a breach of the terms and conditions of the Agreement. 5.2 Should the COMPANY and the CONSULTANT agree that Additional Tools are required in order to perform the Services, the CONSULTANT assumes full responsibility for the procurement and delivery of same to the Site (including without limitation, sourcing, preparation of all documents to purchase or lease, order, ship, expedite, inland delivery and return to vendor- lessor (if required)). In the event that, in the COMPANY’s reasonable judgment, it is determined that Additional Tools either: (a) could not have been reasonably foreseen by the CONSULTANT, then the costs of Additional Tools and all of the CONSULTANT’s actual, reasonable and verifiable costs incurred in delivery of Additional Tools to the Site shall be for COMPANY’s account; or (b) could have been reasonably foreseen by the CONSULTANT, then the costs of Additional Tools and all of the CONSULTANT’s costs incurred in obtaining and delivery of Additional Tools to the Site shall be for the CONSULTANT’s account. 5.3 The CONSULTANT shall be responsible for clearance of all imported equipment and materials and all other imported items used by the CONSULTANT in the performance of the Services under this Agreement. The CONSULTANT shall ensure that such clearance will be properly managed and in compliance with the applicable laws. The CONSULTANT shall indemnify and hold harmless the COMPANY including their directors, employees, and agents from and against any and all liabilities, damages, losses, claims, demands, actions, causes of action, and costs (including reasonable attorneys’ fees and expenses) for any breach of or failure to comply with this clause 5.3 by the CONSULTANT, its Subcontractors, employees or agents. 5.4 The CONSULTANT shall be responsible for all of the required approvals, permits, licenses or consents with respect to all equipment, materials, machinery and item used by the CONSULTANT in the performance of the Services to the COMPANY and shall apply and obtain such approval, permits, licenses or consent from the relevant government authority in its own name. In case, if required, such approvals, permits, licenses or consents are to be applied or obtained in the name of the COMPANY, the CONSULTANT shall provide the COMPANY with an assistance and best effort as the COMPANY may request in obtaining such approval, permits, licenses or consent from the relevant government authority.

AVAILABILITY OF TOOLS AND EQUIPMENT. 5.1 The CONSULTANT CONTRACTOR confirms that it has all required tools and equipment to perform the Services in accordance with the terms and conditions of this Agreement and such tools and equipment are included in the Contract Price. If however, additional tools and equipment are required in order to perform the Services (“Additional Tools”), the CONSULTANT CONTRACTOR shall, upon recognizing such requirement, immediately notify the COMPANY. With respect to all required tools and equipment to perform the Services in accordance with the Agreement, the CONSULTANT CONTRACTOR shall comply with the Safety, Health and Environment industry standard. Non-compliance by the CONSULTANTCONTRACTOR, its Subcontractor, its alleged Subcontractor or any employee or alleged employee or any agent of the foregoing shall be deemed as a breach of the terms and conditions of the Agreement. 5.2 Should the COMPANY and the CONSULTANT CONTRACTOR agree that Additional Tools are required in order to perform the Services, the CONSULTANT CONTRACTOR assumes full responsibility for the procurement and delivery of same to the Site Centre (including without limitation, sourcing, preparation of all documents to purchase or lease, order, ship, expedite, inland delivery and return to vendor- vendor-lessor (if required)). In the event that, in the COMPANY’s reasonable judgment, it is determined that Additional Tools either: (a) could not have been reasonably foreseen by the CONSULTANTCONTRACTOR, then the costs of Additional Tools and all of the CONSULTANTCONTRACTOR’s actual, reasonable and verifiable costs incurred in delivery of Additional Tools to the Site Centre shall be for COMPANY’s account; or (b) could have been reasonably foreseen by the CONSULTANTCONTRACTOR, then the costs of Additional Tools and all of the CONSULTANTCONTRACTOR’s costs incurred in obtaining and delivery of Additional Tools to the Site Centre shall be for the CONSULTANTCONTRACTOR’s account. 5.3 The CONSULTANT CONTRACTOR shall be responsible for clearance of all imported equipment and materials and all other imported items used by the CONSULTANT CONTRACTOR in the performance of the Services under this Agreement. The CONSULTANT CONTRACTOR shall ensure that such clearance will be properly managed and in compliance with the applicable laws. The CONSULTANT CONTRACTOR shall indemnify and hold harmless the COMPANY including their directors, employees, and agents from and against any and all liabilities, damages, losses, claims, demands, actions, causes of action, and costs (including reasonable attorneys’ fees and expenses) for any breach of or failure to comply with this clause 5.3 by the CONSULTANTCONTRACTOR, its Subcontractors, employees or agents. 5.4 The CONSULTANT CONTRACTOR shall be responsible for all of the required approvals, permits, licenses or consents with respect to all equipment, materials, machinery and item used by the CONSULTANT CONTRACTOR in the performance of the Services to the COMPANY and shall apply and obtain such approval, permits, licenses or consent from the relevant government authority in its own name. In case, if required, such approvals, permits, licenses or consents are to be applied or obtained in the name of the COMPANY, the CONSULTANT CONTRACTOR shall provide the COMPANY with an assistance and best effort as the COMPANY may request in obtaining such approval, permits, licenses or consent from the relevant government authority.

AVAILABILITY OF TOOLS AND EQUIPMENT. 5.1 The CONSULTANT CONTRACTOR confirms that it has all required tools and equipment to perform the Services in accordance with the terms and conditions of this Agreement and such tools and equipment are included in the Contract Price. If however, additional tools and equipment are required in order to perform the Services (“Additional Tools”), the CONSULTANT CONTRACTOR shall, upon recognizing such requirement, immediately notify the COMPANY. With respect to all required tools and equipment to perform the Services in accordance with the Agreement, the CONSULTANT CONTRACTOR shall comply with the Safety, Health and Environment industry standard. Non-compliance by the CONSULTANTCONTRACTOR, its Subcontractor, its alleged Subcontractor or any employee or alleged employee or any agent of the foregoing shall be deemed as a breach of the terms and conditions of the Agreement. 5.2 Should the COMPANY and the CONSULTANT CONTRACTOR agree that Additional Tools are required in order to perform the Services, the CONSULTANT CONTRACTOR assumes full responsibility for the procurement and delivery of same to the Site Centre (including without limitation, sourcing, preparation of all documents to purchase or lease, order, ship, expedite, inland delivery and return to vendor- vendor-lessor (if required)). In the event that, in the COMPANY’s reasonable judgment, it is determined that Additional Tools either: (a) could not have been reasonably foreseen by the CONSULTANT, then the The costs of Additional Tools and all of the CONSULTANT’s actual, reasonable and verifiable costs incurred in delivery of Additional Tools to the Site shall be for COMPANY’s account; or (b) could have been reasonably foreseen by the CONSULTANT, then the costs of Additional Tools and all of the CONSULTANTCONTRACTOR’s costs incurred in obtaining and delivery of Additional Tools to the Site Centre shall be for the CONSULTANTCONTRACTOR’s account. 5.3 The CONSULTANT CONTRACTOR shall be responsible for clearance of all imported equipment and materials and all other imported items used by the CONSULTANT CONTRACTOR in the performance of the Services under this Agreement. The CONSULTANT CONTRACTOR shall ensure that such clearance will be properly managed and in compliance with the applicable laws. The CONSULTANT CONTRACTOR shall indemnify and hold harmless the COMPANY including their directors, employees, and agents from and against any and all liabilities, damages, losses, claims, demands, actions, causes of action, and costs (including reasonable attorneys’ fees and expenses) for any breach of or failure to comply with this clause 5.3 by the CONSULTANTCONTRACTOR, its Subcontractors, employees or agents. 5.4 The CONSULTANT CONTRACTOR shall be responsible for all of the required approvals, permits, licenses or consents with respect to all equipment, materials, machinery and item used by the CONSULTANT CONTRACTOR in the performance of the Services to the COMPANY and shall apply and obtain such approval, permits, licenses or consent from the relevant government authority in its own name. In case, if required, such approvals, permits, licenses or consents are to be applied or obtained in the name of the COMPANY, the CONSULTANT CONTRACTOR shall provide the COMPANY with an assistance and best effort as the COMPANY may request in obtaining such approval, permits, licenses or consent from the relevant government authority.