Common use of Execution of the Supply Clause in Contracts

Execution of the Supply. 12.1 The Components shall be delivered according to the Contract, the Technical Specifications, the respective Local Activation Letters, DDO, Permits, Good Hydro Industry Practice and any applicable provisions of law. The Provider undertakes, for the entire duration of the Contract, to supply and deliver Components with its best professional diligence and available techniques, in accordance with the procedures, time limits, and requirements contained in the Contract, while utilizing the best practices and personnel qualified and suitable to fulfill the activities to which it is assigned. 12.2 In the case in which, except for circumstances of force majeure (to be promptly notified, according to what provided in Clause 24) and if Supply is not possible due to causes not imputable to the Provider, the Provider declares to be unable to supply the Company has the right to proceed to the supply through a different provider of its own choice, reserving the right to claim from the Provider any reasonable and documented higher charges incurred, due to the default of the Provider. The Parties agree that, in any case, the prospective higher charges to be paid by the Provider shall not exceed the twenty per cent (20%) of the value of the concerned Component. 12.3 In the case in which certificates of conformity or other forms of certification of compliance with applicable laws and regulations are necessary according to the laws and regulations applicable to the Provider to supply Components, the Provider undertakes to obtain such certificates necessary for the supply of Components, paying the related costs and expenses, and also undertakes to justify the above to the Company with the related documentation set out by the law. Company has to use all reasonable efforts to support the Provider to obtain such necessary certificates. 12.4 The Provider shall without delay communicate to Company and vice versa any circumstance that could interfere with and/or affect the delivery of Components. 12.5 If the results of inspections or testing or checks, that are carried out on Components already delivered by the Provider, show any breaches of the Contract concerning the quality of the 12.6 Should a dispute arise on how to evaluate the outcome of the tests/checks/inspections carried out in each case above, the relevant assessment shall be carried out by an impartial technical expert, appointed by mutual consent of the Parties. If the Parties are unable to agree on an expert within fifteen (15) days of either Party serving details of a suggested expert on the other, either Party shall then be entitled to request the President of the local Professional Association of Engineers, as determined in the Local Activation Letter, to appoint an expert. The technical expert’s assessment will be binding upon the Parties and the relevant fees and costs will be equally shared between them.

Execution of the Supply. 12.1 The Components shall be delivered and installed according to the Contract, the Technical Specifications, the respective Local Activation Letters, DDO, Permits, Good Hydro Industry Practice and any applicable provisions of lawLaw. The Provider undertakes, for the entire duration of the Contract, to supply and deliver install Components with its best professional diligence and available techniques, in accordance with the procedures, time limits, and requirements contained in the Contract, while utilizing the best practices and personnel qualified and suitable to fulfill the activities to which it is assigned. 12.2 In the case in which, except for circumstances of force majeure (to be promptly notified, according to what provided in Clause 2426) and if Supply is not possible due to causes not imputable to the Provider, the Provider declares to be unable to supply or the Provider delivers but is unable to install, the Company has the right to proceed to the supply or to the installation through a different provider of its own choice, reserving the right to claim from the Provider any reasonable and documented higher charges incurred, due to the default of the Provider. The Parties agree that, in any case, the prospective higher charges to be paid by the Provider shall not exceed the twenty per cent (20%) of the value of the concerned Component. 12.3 In the case in which certificates of conformity or other forms of certification of compliance with applicable laws and regulations are necessary according to the laws and regulations applicable to the Provider to supply and install Components, the Provider undertakes to obtain such certificates necessary for the supply and installation of Components, paying the related costs and expenses, and also undertakes to justify the above to the Company with the related documentation set out by the law. Company has to use all reasonable efforts to support the Provider to obtain such necessary certificates. 12.4 The Provider shall without delay communicate to Company and vice versa any circumstance that could interfere with and/or affect the delivery and installation of Components. 12.5 If the results of inspections or testing or checks, that are carried out on Components already delivered and installed by the Provider, show any breaches of the Contract concerning the quality of thethe Components or their installation, the Company shall inform the Provider in writing, within 5 Working Days from the conclusion of the inspections / testing / checks, of their negative outcome and the ascertained breach. Should, after all necessary assessments and verifications to be completed within 5 Working Days from the receipt of the said notice, the Provider acknowledges the existence of the breach denounced by the Company, Clause 15 concerning the Provider’s Warranty shall apply. 12.6 Should a dispute arise on how to evaluate the outcome of the tests/checks/inspections carried out in each case above, the relevant assessment shall be carried out by an impartial technical expert, appointed by mutual consent of the Parties. If the Parties are unable to agree on an expert within fifteen (15) days of either Party serving details of a suggested expert on the other, either Party shall then be entitled to request the President of the local Professional Association of Engineers, as determined in the Local Activation Letter, to appoint an expert. The technical expert’s assessment will be binding upon the Parties and the relevant fees and costs will be equally shared between them.