Common use of EMPLOYER’S TAKING OVER Clause in Contracts

EMPLOYER’S TAKING OVER. 10.1 Taking Over of the Works and Sections Except as stated in sub-paragraph (a) of Sub-Clause 9.4 [Failure to Pass Tests on Completion], the Works shall be taken over by the Employer when (i) the Works have been completed in accordance with Sub-Clause 8.2 [Time for Completion] and except as allowed in sub-paragraph (a) below, and (ii) a Taking-Over Certificate for the Works has been issued, or is deemed to have been issued in accordance with this Sub-Clause. The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contractor’s opinion, be complete and ready for taking over. If the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section. The Engineer shall, within 28 days after receiving the Contractor’s application: provided that the Contractor has provided the Defects Liability Letter of Credit, issue the Taking-Over Certificate to the Contractor, stating the date on which the Works or Section were completed in accordance with this Sub-Clause, except for any minor outstanding work and defects which will not substantially affect the use of the Works or Section for their intended purpose (either until or whilst this work is completed and these defects are remedied); or reject the application, giving reasons and specifying the work required to be done by the Contractor to enable the Taking-Over Certificate to be issued. The Contractor shall then complete this work before issuing a further notice under this Sub-Clause. If the Engineer fails either to issue the Taking-Over Certificate or to reject the Contractor’s application within the period of 28 days, and if the Works or Section or Part (as the case may be) are substantially in accordance with the Contract, the Taking-Over Certificate shall be deemed to have been issued on the last day of that period.

EMPLOYER’S TAKING OVER. 10.1 Taking Over of the Works and Sections Except as stated Delete in sub-the first paragraph (a) of Sub-Clause 9.4 [Failure to Pass Tests on Completion], the Works shall be taken over by the Employer when (i) the Works have been completed in accordance with Sub-Clause 8.2 [Time for Completion] and except as allowed in sub-paragraph (a) below, and (ii) a Taking-Over Certificate for the Works has been issued, last sentence: ”or is deemed to have been issued in accordance with this Sub-Clause. The Contractor may apply by notice to .” Replace in the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works willlast paragraph, in the Contractor’s opinion, be complete and ready for taking over. If last sentence “the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section. The Engineer shall, within 28 days after receiving the Contractor’s application: provided that the Contractor has provided the Defects Liability Letter of Credit, issue the Taking-Over Certificate to the Contractor, stating the date on which the Works or Section were completed in accordance with this Sub-Clause, except for any minor outstanding work and defects which will not substantially affect the use of the Works or Section for their intended purpose (either until or whilst this work is completed and these defects are remedied); or reject the application, giving reasons and specifying the work required to be done by the Contractor to enable the Taking-Over Certificate to be issued. The Contractor shall then complete this work before issuing a further notice under this Sub-Clause. If the Engineer fails either to issue the Taking-Over Certificate or to reject the Contractor’s application within the period of 28 days, and if the Works or Section or Part (as the case may be) are substantially in accordance with the Contract, the Taking-Taking- Over Certificate shall be deemed to have been issued on the last day of that period”, with “the Contractor shall be entitled to claim subject to Sub-Clause 20.1 [Contractor's Claims]”. 10.2 Taking Over of Parts of the Works Replace all text except the last paragraph by the following: Upon completion of relevant part of the Works and successful passing of Tests as specified under Sub-clause 9.1 of the Contract, the Engineer or appointed representative by him at the request of the Employer may request Building Authority to issue Certificate for Temporary Operation for any part of the Permanent Works. In this case: a) The Employer shall be responsible for operation of this part of the BIDSF Project C7-A3 “ERECTION OF THE NEW LARGE CAPACITY F&D FACILITY NPP V1” XXXXX 000 0 000 X0-X0 The Conditions of Particular Application Works in compliance with operating and maintenance manuals developed by the Contractor and submitted in accordance to Sub-clause 5.7[Operation and Maintenance Manuals]. During the transitory period of operation by the Employer of the part of the Works for which the Certificate for Temporary Operation was issued, the Contractor shall provide technical support for the operation as it is specified in the G1 Technical specifications, and b) The Contractor shall be liable for performing his contractual obligations in a due care and especially the responsibilities under the Sub-clause 17.2 [Contractor’s Care of the Works] for the part of the equipment for which the Certificate for Temporary Operation was issued until completion of all Works, successful termination of the pre- commissioning and commissioning tests and issuance of the Taking- Over Certificate for the corresponding section.” 10.3 Interference with Tests on Completion Replace in the first paragraph “the Employer shall be deemed to have taken over the Works or Section (as the case may be) on the date when the Tests on Completion would otherwise have been completed” with “it shall be entitled to claim subject to Sub-Clause 20.1 [Contractor's Claims].”

EMPLOYER’S TAKING OVER. 10.1 Taking Over of the Works and Sections Except as stated Delete in sub-the first paragraph (a) of Sub-Clause 9.4 [Failure to Pass Tests on Completion], the Works shall be taken over by the Employer when (i) the Works have been completed in accordance with Sub-Clause 8.2 [Time for Completion] and except as allowed in sub-paragraph (a) below, and (ii) a Taking-Over Certificate for the Works has been issued, last sentence: ”or is deemed to have been issued in accordance with this Sub-Clause. The Contractor may apply by notice to .” Replace in the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works willlast paragraph, in the Contractor’s opinion, be complete and ready for taking over. If the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section. The Engineer shall, within 28 days after receiving the Contractor’s application: provided that the Contractor has provided the Defects Liability Letter of Credit, issue the Taking-Over Certificate to the Contractor, stating the date on which the Works or Section were completed in accordance with this Sub-Clause, except for any minor outstanding work and defects which will not substantially affect the use of the Works or Section for their intended purpose (either until or whilst this work is completed and these defects are remedied); or reject the application, giving reasons and specifying the work required to be done by the Contractor to enable the Taking-Over Certificate to be issued. The Contractor shall then complete this work before issuing a further notice under this Sub-Clause. If the Engineer fails either to issue the Taking-Over Certificate or to reject the Contractor’s application within the period of 28 days, and if the Works or Section or Part (as the case may be) are substantially in accordance with the Contract, last sentence “the Taking-Over Certificate shall be deemed to have been issued on the last day of that period”, with “the Contractor shall be entitled to claim subject to Sub- Clause 20.1 [Contractor's Claims]”. 10.2 Taking Over of Parts of the Works Replace all text except the last paragraph by the following: Upon completion of relevant part of the Works and successful passing of Tests as specified under Sub-clause 9.1 of the Contract, the Engineer or appointed representative by him at the request of the Employer may request Building Authority to issue Certificate for Temporary Operation for any part of the Permanent Works. In this case: a) The Employer shall be responsible for operation of this part of the Works in compliance with operating and maintenance manuals developed by the Contractor and submitted in accordance to Sub- clause 5.7 [Operation and Maintenance Manuals]. During the transitory period of operation by the Employer of the part of the Works for which the Certificate for Temporary Operation was issued, the Contractor shall provide technical support for the operation as it is BIDSF Project C16.1 – CONDITIONING OF BUFFER STORAGE AREAS BIDSF 016 9 001 C16.1 The Conditions of Particular Application specified in the H1 Technical specification, and b) The Contractor shall be liable for performing his contractual obligations in a due care and especially the responsibilities under the Sub-clause 17.2 [Contractor’s Care of the Works] for the part of the equipment for which the Certificate for Temporary Operation was issued until completion of all Works, successful termination of the pre- commissioning and commissioning tests and issuance of the Taking- Over Certificate for the corresponding section.” 10.3 Interference with Tests on Completion Replace in the first paragraph “the Employer shall be deemed to have taken over the Works or Section (as the case may be) on the date when the Tests on Completion would otherwise have been completed” with “it shall be entitled to claim subject to Sub-Clause 20.1 [Contractor's Claims].”