Cost of remedying Defects. All work referred to in sub-paragraph (b) of Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects] shall be executed at the risk and cost of the Contractor, if and to the extent that the work is attributable to: (a) ISBL Design in respect of the Works; (b) Plant, Materials or workmanship not being in accordance with the Contract, (c) improper operation or maintenance which was attributable to matters for which the Contractor is responsible (under Sub-Clauses 5.5 to 5.7 or otherwise), or (d) failure by the Contractor to comply with any other obligation. If and to the extent that such work is attributable to any other cause, the Contract Awarder shall give notice to the Contractor accordingly, and Sub-Clause 13.3 [Variation Procedure] shall apply.
Appears in 2 contracts
Samples: Contract Agreement (Renewable Fuel Corp), Contract Agreement (Renewable Fuel Corp)
Cost of remedying Defects. All work referred to in sub-paragraph (b) of Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects] shall be executed at the risk and cost of the Contractor, if and to the extent that the such work is attributable to:
(a) ISBL Design in respect the design of the Works;
(b) Plant, Materials or workmanship not being in accordance with the Contract,;
(c) improper operation or maintenance which was attributable to matters for which the Contractor is responsible (under Sub-Clauses 5.5 to [Training] and 5.7 or otherwise), [Operation and Maintenance Manuals]; or
(d) failure by the Contractor to comply with any other obligationobligation under this Contract. If and to the extent that such work is attributable to any other cause, the Contract Awarder Employer shall give notice to the Contractor accordingly, and Sub-Clause 13.3 [Variation Procedure] shall apply.
Appears in 1 contract
Samples: Contract Agreement (Asia Satellite Telecommunications Holdings LTD)
Cost of remedying Defects. All work referred to in sub-paragraph (b) of Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects] shall be executed at the risk and cost of the Contractor, if and to the extent that the work is attributable to:
(a) ISBL Design in respect the design of the Works;
(b) Plant/s, Materials or workmanship not being in accordance with the Contract,;
(c) improper operation or maintenance which was attributable to matters for which the Contractor is responsible (under Sub-Clauses 5.5 to 5.7 or otherwise), responsible; or
(d) failure by the Contractor to comply with any other obligation. If and to the extent that such work is attributable to any other cause, the Contract Awarder Employer shall give notice to the Contractor accordingly, and Sub-Clause 13.3 13.4 [Variation Procedure] shall apply.
Appears in 1 contract
Samples: Public Private Partnership Agreement