– CONTRACTOR’S RIGHTS AND OBLIGATIONS.
3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS
3.1.1 Contractor warrants that it is satisfied as to character, quality, and quantities of surface and subsurface materials or obstacles to be encountered insofar as reasonably ascertainable from a careful inspection of the Site (including, without limitation, Existing Improvements on the Site) and from the geological investigation reports, data and similar information, if any, made available to Contractor by City. Any failure by Contractor to take such information or conditions into consideration will not relieve Contractor from responsibility for estimating the difficulty and cost of successfully completing the Work within the Contract Sum and Contract Time.
3.1.2 Contractor warrants and represents that it has carefully reviewed the Bid and Contract Documents prior to submitting its Bid and executing the Contract. The Contractor shall not be entitled, and conclusively waives any right, to an adjustment in the Contract Sum or Contract Time for any additional or unforeseen costs or Delay in the performance of Work due to conditions in Contract Documents constituting errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements, if such conditions were either discovered by Contractor or could have been reasonably discovered by Contractor or its Subcontractors in the exercise of care and diligence in the review of the Contract Documents, subject to the limitations of Public Contract Code Section 1104.
3.1.3 If Contractor discovers what it perceives to be errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements in the Contract Documents, then Contractor shall, within two (2) days of discovery, notify City or the Construction Manager in writing stating both of the following:
(i) A detailed description of the conditions discovered.
(ii) Contractor’s request for clarification, further details or correction of the Contract Documents. Failure by Contractor to provide written notice within the period of time required shall result in Contractor waiving any right to adjustment in the Contract Sum or Contract Time on account thereof.
3.1.4 If Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time for Extra Work based upon additional written or verbal instructions, information, or direction from City, Design Consultant, or Construction Manager, it may submit a ...
– CONTRACTOR’S RIGHTS AND OBLIGATIONS. 35
3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS 35 3.2 SUPERVISION AND CONSTRUCTION PROCEDURES 37 3.3 RESPONSIBILITY FOR THE WORK 37 3.4 LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS 38 3.5 CONTRACTOR'S WARRANTY 38 3.6 CONSTRUCTION METHODS AND PROCEDURES 38 3.7 TAXES 39 3.8 LEGAL REQUIREMENTS 39 3.9 PROJECT STAFF 39 3.10 SCHEDULES REQUIRED OF CONTRACTOR 39 3.11 DOCUMENTS AND SAMPLES AT PROJECT SITE 41 3.12 SUBMITTALS 42 3.13 TRADE NAMES, SUBSTITUTIONS 44 3.14 DAILY REPORTS BY CONTRACTOR 44 3.15 CUTTING AND PATCHING 45 3.16 ACCESS TO THE WORK 45 3.17 ROYALTIES AND PATENTS 45 3.18 PERMITS AND LICENSES 45 3.19 DIFFERING SITE CONDITIONS 46 3.20 INSPECTIONS 46 3.21 STOP NOTICES 47 3.22 PARKING 47 3.23 USE OF THE PROJECT SITE AND CLEAN UP 47 3.24 ENVIRONMENTAL CONTROLS 48 3.25 TEMPORARY WATER, LIGHT AND POWER 55 3.26 CITY TRUCK ROUTE ORDINANCE 55 3.27 UNFAIR BUSINESS PRACTICE CLAIMS 55 3.28 EXISTING UTILITIES 55
– CONTRACTOR’S RIGHTS AND OBLIGATIONS. Public Contract Code Sections 10335- 10381 contains language describing the Contractor’s duties, obligations, and rights under this Agreement. By signing this Agreement, the Contractor certifies that he or she has been fully informed regarding these provisions of the Public Contract Code. As required by Public Contract Code Section 10371(e)(2), résumés attached hereto and by this reference are incorporated herein.
– CONTRACTOR’S RIGHTS AND OBLIGATIONS. The parties hereto covenant and agree as follows:
A. The Airport will provide the Contractor with employee vehicle parking at no cost, but only during scheduled employees working hours. The privileges granted hereby shall be non-exclusive, and include without limiting the generality thereof:
B. Contractor's equipment, used by the Contractor at SIA shall be maintained at Contractor's sole expense, in good, safe and operative order, and in a clean and neat condition.
C. Personnel performing services at SIA shall be neat, clean and courteous. Contractor shall not permit its agents, servants or employees to conduct business in a loud, noisy, boisterous, offensive or objectionable manner.
D. Contractor shall observe and comply with any and all applicable Airport, Federal, state and local laws, statutes, ordinances and regulations and shall abide by and be subject to all reasonable rules and regulations which are now, or may from time to time be, promulgated by the Airport or any Federal, state or local government or agency thereof.
E. Contractor shall be responsible for all its expenses in connection with its operation at SIA and the rights and privileges herein granted, including without limitation by reason of enumeration, costs for wages, benefits, taxes, permit fees, license fees and assessments lawfully levied or assessed upon the Contractor, and secure all such permits and licenses as may be lawfully required.
F. To the extent of its capabilities, Contractor agrees to cooperate with the Airport and/or any other Contractor in dealing with aircraft or related emergencies at SIA. Contractor further agrees to provide the Airport with its current emergency procedures.
– CONTRACTOR’S RIGHTS AND OBLIGATIONS. 3.1 The Contractor accepts goods for carriage only upon these terms and conditions.
3.2 The Contractor may enter into any contract with any sub-contractor to carry out the whole or any part of the contract. The Customer agrees that all work may be performed on behalf of the Contractor by any sub- contractor, who has the right to rely on the benefit of these conditions.
3.3 The Contractor is not a common carrier and does not undertake the obligations or liabilities of one. The Contractor may in its absolute discretion refuse to accept for carriage any goods or any class of goods and shall not be obliged to give any reasons for such refusal.
3.4 In any case where goods are being moved to a destination outside New Zealand then, save for any services where the Contractor is in physical possession of the goods, the Contractor’s responsibility is limited to the arranging of the carriage with a suitable carrier as the agent only of the Customer. The Customer agrees that the Contractor may enter into any terms of carriage with such carrier and that the same will be binding on the Customer. In the event of any loss of or damage to the goods occurring while the goods are not in the physical possession of the Contractor, the Customer shall have recourse only against the carrier.
3.5 The Contractor will endeavor to carry out the work within the time desired, but shall not be liable for loss through any delay from any cause beyond its control. The Contractor may make a deviation from any route whether in New Zealand or to or from an overseas destination without affecting its liability.
3.6 The Contractor shall not be responsible or liable for any article not specified in the contract. Unless required and an extra charge is paid, the contract need not show the condition of any goods or contents of any container. The fact that anything is or is not stated in the contract shall not create any inference as to the state or condition of any goods.
– CONTRACTOR’S RIGHTS AND OBLIGATIONS. The Contractor is obliged to do the work at their own expense and at their own risk for the price, within deadlines and under conditions referred to in the Contract. The Contractor must not commence the execution of the work itself without Client’ notification about finalising the questionnaire for the pilot survey and for the main wave. While performing the work, the Contractor advances independently in determination of the manner in which the work is done. However, the Contractor undertakes to respect sub-requirements of the Client concerning how the recruitment is conducted, as long as the costs do not exceed the agreed price for the performance of the contract and as long as they do not fail to comply with legal rules and the present Contract. The Contractor may entrust performance of certain tasks to another entity as long as he stated performance through a sub-contractor in the proposal for the public contract in question and at the same time, the Contractor must not entrust performance of any task to a third party other than a sub-contractor. In case of performance of the tasks by another person, the Contractor retains full liability as if he did the work himself. The Contractor is not responsible for application of the survey results in scientific or research practice of the Client and is not responsible for data and results interpretation by the Client. The Contractor is liable for defects of the work when it is transmitted.
– CONTRACTOR’S RIGHTS AND OBLIGATIONS. The Contractor shall provide qualitative services, the appropriate number of service personnel, and the required equipment in conformity with the norms of fire safety and sanitation. - The Contractor shall accept no liability for the loss, theft, left unattended or damage to the property owned or in custody of the Customer and/or its guests while that property is in the premises.
– CONTRACTOR’S RIGHTS AND OBLIGATIONS. 3.1 The Contractor accepts goods for carriage only upon these terms and conditions.
3.2 The Contractor may enter into any contract with any sub-contractor to carry out the whole or any part of the contract. The Customer agrees that all work may be performed on behalf of the Contractor by any sub- contractor, who has the right to rely on the benefit of these conditions.
3.3 The Contractor is not a common carrier and does not undertake the obligations or liabilities of one. The Contractor may in its absolute discretion refuse to accept for carriage any goods or any class of goods and shall not be obliged to give any reasons for such refusal.
3.4 The Contractor will endeavour to carry out the work within the time desired, but shall not be liable for loss through any delay from any cause beyond its control. The Contractor may make a deviation from any route without affecting its liability.
– CONTRACTOR’S RIGHTS AND OBLIGATIONS. 3.1. The Contractor may assign or delegate its rights or obligations pursuant to this Agreement to third parties only upon prior written consent of the Client.
3.2. The Contractor shall be entitled to disclose the information received from the Client in the course of performing the Agreement to third parties without the Client’s written consent.
3.3. The Contractor shall promptly respond to the Client’s requests. The answers shall have informational and advisory status. The Client may, without the Contractor’s permission, use the information provided in answer to the request at his/her own discretion. Caution: The answers do not have scientific, journalistic or practical status. Neither can they be published.
3.4. The Contractor determines the forms and volumes of documents and information to be provided by the Client in order for the Contractor to perform its obligations in accordance with the requirements of the current legislation and based on its own knowledge and practice.
3.5. The Contractor shall deliver its Services within the period agreed with the Client. The agreed period starts with the Client’s full performance of its obligations under clause 2.4. of the Agreement and signing of all documents provided by the Contractor. The Contractor shall notify the Client of the completion of the Services under the Agreement in a written or oral form, by phone, regular mail, fax or e-mail.
3.6. The Contractor shall notify the Client without any delay about impossibility to perform an order or about complications arising in the process of order performance.
3.7. In case of the Client’s refusal to continue cooperation under this Agreement, systematic failures to perform his/her obligations under the Agreement, suspension of service delivery due to the Client’s fault for the period of more than three months from the date of acceptance of this Agreement, the Contractor shall be entitled to early terminate this Agreement by serving written notice on the Client by means of cellular communication, mail, fax, e-mail. In this case, the price of the Services shall amount to the size of the actual payments made by the Client under the Agreement.
3.8. The price of the Contractor’s Services do not cover official payments, notary fees and other payments.
– CONTRACTOR’S RIGHTS AND OBLIGATIONS. 6.1 The sole function of the service provided by the contractor through the security personnel is to reduce the risk of loss or damage by theft, burglary, vandalism or arson.
6.2 The contractor gives no warranty or guarantee that its security personnel will be able to reduce or prevent the loss and/or damage referred to in clause 6.1 above.
6.3 The contractor shall not be liable to the client for any loss or damage of whatsoever nature and however caused, whether direct or consequential, save where such loss or damage is proved to be as a result of gross negligence on the part of the contractor or any of its security personnel acting within the course and scope of their employment with the contractor. In such event the contractor’s liability shall be restricted to three times the monthly contract price (as set out in Annexure A) for any one (1) event or series of events arising from one (1) occurrence.
6.4 The contractor shall have no obligation to put in place any insurance cover for the benefit of itself, the client or any third party in respect of act of terrorism or any event associated with terrorist activity or biological or chemical contamination.
6.4.1 The contractor will not be liable in any way whatsoever for any loss, injury, damage, cost or expense of whatsoever nature directly or indirectly caused by, Resulting from or in connection with any act of terrorism or any event associated with terrorist activity or biological or chemical contamination or any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism or any event associated with terrorist activity or biological or chemical contamination, regardless of any breach of contract, or other negligence by the contractor or any of its employees or agents or other event contributing concurrently or in any other sequence to such loss, injury, damage, cost or expense.
6.5 In order to succeed in a claim as set out in clause 6.3 above, the client shall be obliged to comply with the following:
6.5.1 The client shall notify the contractor at the contractor’s head office, within five (5) working days after the occurrence of the event giving rise to such claim, of all the relevant facts relating to such claim;
6.5.2 The client’s demand for the recovery of such loss or damage shall be served on the contractor within three (3) months after the date upon which such cause of action arose; and such loss or damage was not suffered by the client as a result of any brea...
