Contractor Responsible. 7.3.1 The Contractor acknowledges and agrees that, notwithstanding any provision of this Contract which contemplates that the Department will or may from time to time:
(a) monitor or inspect any performance of the Services;
(b) check compliance by the Contractor with its obligations;
(c) confirm or indicate approval of or non-objection to proposals made by the Contractor; or
(d) request that the Contractor makes a Change to the Services; it will always be fully the responsibility of the Contractor, and not the responsibility of the Department, to ensure that the Services are performed in all respects in accordance with the Contractor's obligations under this Contract and no such action by or on behalf of the Department will in any way limit or affect such obligations.
Contractor Responsible. Notwithstanding any other provisions in the Contract documents, the Contractor shall be totally responsible for and shall bear any and all risks of loss or damage to or failure of the Works or any part thereof for a period of ten years after issuance of the Certificate of Final Completion, provided always that such risks, damage or failure result from acts, defaults and negligence of the Contractor, his agents, employees or workmen and such contractors.
Contractor Responsible. The CONTRACTOR expressly understands that the insurance requirements as outlined above are minimum requirements to be met under the contract and does not in any manner represent that the limits, coverage or policy forms are sufficient or adequate to protect the interest or liability of the CONTRACTOR and/or its subCONTRACTORS.
Contractor Responsible. 3.3.1 Without limiting its other obligations under this agreement, the Contractor has complete responsibility and liability for health and safety on the Site. In this regard the Contractor must develop and implement appropriate rules, systems and procedures and generally monitor, manage and administer the operations of the Site and the Contract Works in a proper and professional manner and, without limiting this, the Contractor must take and enforce all necessary or desirable measures to ensure safety in respect of persons and property while performing its obligations under this agreement.
3.3.2 Without limiting clause 3.3.1, the Contractor must at its own cost:
3.3.2.1 erect and at all times during the day and night maintain in or around the Site suitable signs warning the public of the execution of the Contract Works; and
3.3.2.2 during all hours of darkness keep all machinery and other obstructions or traps created in the course of the Contract Works adequately illuminated for the protection of the public.
Contractor Responsible. Contractor shall be responsible to City for all services to be performed under this Agreement.
Contractor Responsible. The CONTRACTOR expressly understands that the insurance requirements as outlined above are minimum requirements to be met under the contract and does not in any manner represent that the limits, coverage or policy forms are sufficient or adequate to protect the interest or liability of the CONTRACTOR and/or its subCONTRACTORS. THE FOLLOWING MUST BE INCLUDED (IN THE SPECIFIED AREAS) ON ALL INSURANCE CERTIFICATES: □ DESCRIPTION OF THE PROJECT AND LOCATION: you may use a generalized listing of the duties to be performed under this certificate of insurance. Example: “Projects Executed for the Board of Xxxxx County Commissioners.” □ CERTIFICATE HOLDER: Board of Xxxxx County Commissioners, Xxx Xxxxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxx 00000-0000.
SECTION A – AFFIDAVITS THIS FORM MUST BE COMPLETED IN ITS ENTIRETY AND NOTARIZED
Contractor Responsible. 4.3.1 Without limiting its other obligations under this Agreement, the Contractor has complete responsibility and liability for health and safety on the Site. In this regard the Contractor must develop and implement appropriate rules, systems and procedures and generally monitor, manage and administer the operations of the Site and the Works in a proper and professional manner and, without limiting this, the Contractor must take and enforce all necessary or desirable measures to ensure safety in respect of persons and property while performing its obligations under this Agreement.
4.3.2 The Contractor will be responsible for the care, storage and protection of unfixed items, items provided to the Contractor by the Council, and items brought onto the site by any sub-contractors.
4.3.3 The Contractor shall provide, erect and maintain all barricades, guards, fencing, signs, lighting, temporary roadways and footpaths, necessary for the protection of the Works, other property and for the safety and convenience of the public in accordance with accepted Standards or Codes of Practice and shall remove them when no longer required.
4.3.4 As part of the induction process for the Site, the Contractor must ensure that personnel entering the Site are made aware of relevant safety hazards, policies, rules, procedures and instructions. Induction records must be kept and made available to Council’s Representative or the Superintendent on request.
4.3.5 Without limiting clause 4.3.1, the Contractor must at its own cost:
4.3.5.1 erect and at all times during the day and night maintain in or around the Site suitable signs warning the public of the execution of the Works; and
4.3.5.2 during all hours of darkness keep all machinery and other obstructions or traps created in the course of the Works adequately illuminated for the protection of the public.
Contractor Responsible. The Contractor assumes all liability for maintaining the confidentiality of the data in its possession and agrees to compensate the Town if any of the provisions of this Section are violated by the Contractor, its employees, agents or Subcontractors. For the purposes of seeking injunctive relief, it is agreed that a breach of this Section will be deemed to cause irreparable harm that justifies injunctive relief in court.
Contractor Responsible. Notwithstanding the Novation, the division of the Work and the payment of the Reais FEED Contract Price directly to the Brazilian FEED Contractor, Contractor shall be responsible for ensuring:
(a) all necessary coordination in respect of the independent supplies, works and services to be performed under the DESC to ensure that the Work is completed in every respect as contemplated by the DESC;
(b) that the Completion Guarantee and the Performance Guarantee are achieved in accordance with the DESC;
(c) that the Brazilian FEED Contractor’s obligations under the DESC are complied with; and
(d) the overall performance of the Work as provided in the DESC.
Contractor Responsible. Notwithstanding the obligation to perform the New Work and the payment of the New Work Fee directly to the Brazilian FEED Contractor, Contractor shall be responsible for ensuring:
(a) all necessary coordination in respect of the independent supplies, works and services to be performed under the DESC (including as contemplated by this Agreement) to ensure that the Work is completed in every respect as contemplated by the DESC;
(b) that the Completion Guarantee and the Performance Guarantee are achieved in accordance with the DESC;
(c) that the Brazilian FEED Contractor’s obligations under the DESC (including as contemplated by this Agreement) are complied with; and
(d) the overall performance of the Work as provided in the DESC (including as contemplated by this Agreement).
