Common use of General Obligations of the Contractor Clause in Contracts

General Obligations of the Contractor. 3.1 The Contractor shall, with due care and diligence, execute and maintain the Works and provide all labor, materials, equipment, transportation and other facilities necessary to substantially complete the Works by the Substantial Completion Date, and in accordance with the Contract Documents and the standards defined by this Contract. 3.2 The Contractor shall take full responsibility for the adequacy, stability and safety of all Site operations and methods of construction and for security of the Site itself, including the security of all Materials stored or used on the Site. 3.3 The Contractor shall submit material samples, and relevant information, in sufficient time for the UNICEF to complete review of samples. Each sample shall be labeled as to origin and intended use in the Works. All materials used in the course of these Works shall be new and proper for their use. No reusable materials coming from the Site shall be used unless permitted by the UNICEF. Other materials shall be stored on Site until the end of the Works. All materials, equipment and products shall be installed in accordance with the written recommendations of the manufacturer. 3.4 The Contractor shall not permit any laborer's, mechanic's or other similar lien (hereinafter, referred collectively, as "Lien") to be filed or otherwise imposed on any part of the Works, or the premises of UNICEF. If any Lien is filed or otherwise imposed, and if the Contractor does not cause such Lien to be released and discharged forthwith, or file a bond in lieu thereof, UNICEF shall have the right, but not the obligation, to pay all sums necessary to obtain such release and discharge, and to deduct all amounts so paid from moneys otherwise due the Contractor. 3.5 When required, the Contractor shall cooperate and share the Site with other contractors and public authorities. 3.6 The Contractor shall take full responsibility for the care of the Works and the materials and plant for incorporation in the Works from the commencement date of the Contract until the issuance of the Certificate of Substantial Completion by UNICEF, and UNICEF taking the facilities into use. Provided that the Contractor shall retain full responsibility for any outstanding part of the Works, materials or plant which the Contractor requires during the period necessary to complete the Defects Liability Period obligations. 3.7 The Contractor shall hand over the Operations and Maintenance manual as part of Annex I of Form of Contract and General Conditions of Contract within 14 (fourteen) days of the date of the Certificate of Substantial Completion, as described in Article 17 of this Contract. 3.8 The Contractor shall designate and notify UNICEF in writing the name of a Representative on each Site or part of the Works.

General Obligations of the Contractor. 3.1 The Contractor shallundertakes towards AM, with due care for as long as the PPP Contract remains in force, the following obligations, the breach of each of which constitutes a Case of Contractor‟s Liability: 4.4.1 Should he becomes aware that a judicial, arbitration or administrative proceedings or mediation or other similar proceedings are pending or about to take place before a court of law, arbitrator or other competent authority against the Contractor or against the Subcontractor or against one of the Initial Shareholders, possessing the technical and diligence, execute and maintain the Works and provide all labor, materials, equipment, transportation and other facilities necessary to substantially complete the Works professional competence as required by the Substantial Completion DateInvitation to Tender, or against any third party borrowing the Contractor his technical and professional competence, as required by the Invitation to Tender (with regard to the maintenance of Metro networks), which could have a material adverse effect on the Contractor's ability and/or reliability to perform his obligations under the PPP Contract, he shall notify AM thereof in accordance writing and within ten (10) days as of the time he became aware that such proceedings are pending or about to take place. 4.4.2 He shall not sell, grant, lease or transfer, and, in general, he shall not make available nor shall he bind, in any way whatsoever, without the prior explicit written approval of AM, all or part of any Contractor‟s Assets, that the Contractor may have under the terms stipulated herein, aiming at ensuring that this could have a material effect on his ability to perform his obligations deriving from the PPP Contract. In addition, he shall fully and completely comply with his obligations to safeguard and preserve the Contract Documents Contractor's Assets and to maintain them in the standards defined condition required by this Contract for the proper operation of Thessaloniki Metro and for their takeover by AM upon expiry or termination of the PPP Contract. 3.2 The Contractor 4.4.3 His establishment shall take full responsibility for the adequacy, stability and safety of all Site operations and methods of construction and for security of the Site itself, including the security of all Materials stored or used on the Sitealways be in Greece. 3.3 The Contractor 4.4.4 He shall submit material samples, and relevant information, in sufficient time for the UNICEF to complete review of samples. Each sample shall be labeled as to origin and intended use not undertake any activities other than those foreseen in the Works. All materials used in the course of these Works shall be new and proper for their use. No reusable materials coming from the Site shall be used unless permitted by the UNICEF. Other materials shall be stored on Site until the end of the Works. All materials, equipment and products shall be installed in accordance with the written recommendations of the manufacturerPPP Contract. 3.4 The Contractor shall not permit any laborer's, mechanic's or other similar lien (hereinafter, referred collectively, as "Lien") to be filed or otherwise imposed on any part 4.4.5 In the event of the Works, or the premises of UNICEF. If any Lien is filed or otherwise imposed, and if the Contractor does not cause such Lien to be released and discharged forthwith, or file a bond in lieu thereof, UNICEF shall have the right, but not the obligation, to pay all sums necessary to obtain such release and discharge, and to deduct all amounts so paid from moneys otherwise due the Contractor. 3.5 When requiredsubcontracting work, the Contractor shall cooperate and share the Site with other contractors and public authorities. 3.6 The Contractor shall take full responsibility be exclusively responsible for the care adherence - on the part of his subcontractor – to the Works terms and the materials and plant for incorporation in the Works from the commencement date requirements of the Contract until the issuance and shall not be relieved from his obligations and guarantees for every section of the Certificate works executed by the subcontractor. 4.4.6 He shall not establish any company or any consortium and/or he shall not acquire any stocks or company shares of Substantial Completion another company or consortium (even if this company is involved in any way in the execution of the PPP Contract) without the prior explicit written consent of AM. 4.4.7 In the framework of the Contract monitoring by UNICEFAM, the Contractor is under the obligation fully comply with the terms of this contract concerning the provision of complete information to AM, as foreseen, the submission of complete reports to AM, as foreseen, and UNICEF taking the facilities into use. Provided foreseen participation in meetings with AM and all agencies deemed necessary, on a per case basis, as concerns the purposes described herein. 4.4.8 The entire correspondence, submissions and reports submitted to AM as well as the entire management of the operation and maintenance of the Thessaloniki Metro during the Commercial Revenue Period shall be carried out mostly electronically through the Information System (operating infrastructure/hardware, central computer systems and software) that the Contractor will procure and commission, in line with the terms of this document, in view of minimizing the use of documentation in printed form. During the Preparatory Period A‟ the correspondence, submissions and reports shall retain full responsibility for any outstanding part be processed either through the Document Control Center of AM or by fax or e-mail. 4.4.9 The Contractor ought to introduce all appropriate measures to safeguard the confidentiality of the Worksinformation and the data that come to his knowledge and/or are managed by him and which, materials according to the Applicable Legislation, are or plant which have been legally classified as confidential, including the Contractor requires during the period necessary to complete the Defects Liability Period obligationsterms of this document. 3.7 4.4.10 The Contractor shall hand over ought to comply with any Permit that has been issued and is related to the Operations Contractor‟s Project, as well as to issue and/or maintain in force, at his own expense, any other Permit (except the Operation Permit for the Base Project and Maintenance manual as part of Annex I of Form of Contract and General Conditions of Contract within 14 (fourteen) days the Extension), which is necessary for the execution of the date Contractor‟s Project, as well as to transfer same to AM upon completion of the Certificate Contract Period or the early termination of Substantial Completion, as described in Article 17 of this the Contract. 3.8 The Contractor shall designate and notify UNICEF in writing the name of a Representative on each Site or part of the Works.