Common use of General Obligations of the Member Clause in Contracts

General Obligations of the Member. The Member shall (a) have no interest, financial or otherwise, in the Employer, the Contractor or Engineer, nor any financial interest in the Contract except for payment under the Dispute Board Agreement; (b) not previously have been employed as a consultant or otherwise by the Employer, the Contractor, or the Engineer, except in such circumstances as were disclosed in writing to the Employer and the Contractor before they signed the Dispute Board Agreement; (c) have disclosed in writing to the Employer, the Contractor, and the Other Members (if any), before entering into the Dispute Board Agreement and to his/her best knowledge and recollection, any professional or personal relationships with any director, officer, or employee of the Employer, the Contractor or the Engineer, and any previous involvement in the overall project of which the Contract forms part; (d) not, for the duration of the Dispute Board Agreement, be employed as a consultant or otherwise by the Employer, the Contractor, or the Engineer, except as may be agreed in writing by the Employer, the Contractor, and the Other Members (if any); (e) comply with the annexed procedural rules and with Subclause 20.4 of the Conditions of Contract; (f) not give advice to the Employer, the Contractor, the Employer’s Personnel or the Contractor’s Personnel concerning the conduct of the Contract, other than in accordance with the annexed procedural rules; (g) not, while a Member, enter into discussions or make any agreement with the Employer, the Contractor, or the Engineer regarding employment by any of them, whether as a consultant or otherwise, after ceasing to act under the Dispute Board Agreement; (h) ensure his/her availability for all site visits and hearings as are necessary; (i) become conversant with the Contract and with the progress of the Works (and of any other parts of the project of which the Contract forms part) by studying all documents received, which shall be maintained in a current working file; (j) treat the details of the Contract and all the Dispute Board’s activities and hearings as private and confidential, and not publish or disclose them without the prior written consent of the Employer, the Contractor, and the Other Members (if any); and (k) be available to give advice and opinions, on any matter relevant to the Contract when requested by both the Employer and the Contractor, subject to the agreement of the Other Members (if any).

Appears in 3 contracts

Samples: Epc Agreement, Dispute Board Agreement, Dispute Board Agreement

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General Obligations of the Member. The Member shall shall: (a) have no interest, interest financial or otherwise, otherwise in the Employer, the Contractor or Engineer, nor any financial interest in the Contract except for payment under the Dispute Board Agreement; ; (b) not previously have been employed as a consultant or otherwise by the Employer, the Contractor, Contractor or the Engineer, except in such circumstances as were disclosed in writing to the Employer and the Contractor before they signed the Dispute Board Agreement; ; (c) have disclosed in writing to the Employer, the Contractor, Contractor and the Other Members (if any), before entering into the Dispute Board Agreement and to his/her best knowledge and recollection, any professional or personal relationships with any director, officer, officer or employee of the Employer, the Contractor or the Engineer, and any previous involvement in the overall project of which the Contract forms part; ; (d) not, for the duration of the Dispute Board Agreement, be employed as a consultant or otherwise by the Employer, the Contractor, Contractor or the Engineer, except as may be agreed in writing by the Employer, the Contractor, Contractor and the Other Members (if any); ; (e) comply with the annexed procedural rules and with Subclause Sub-Clause 20.4 of the Conditions of Contract; ; (f) not give advice to the Employer, the Contractor, the Employer’s Personnel or the Contractor’s Personnel concerning the conduct of the Contract, other than in accordance with the annexed procedural rules; ; (g) not, not while a Member, Member enter into discussions or make any agreement with the Employer, the Contractor, Contractor or the Engineer regarding employment by any of them, whether as a consultant or otherwise, after ceasing to act under the Dispute Board Agreement; ; (h) ensure his/her availability for all site visits and hearings as are necessary; ; (i) become conversant with the Contract and with the progress of the Works (and of any other parts of the project of which the Contract forms part) by studying all documents received, received which shall be maintained in a current working file; ; (j) treat the details of the Contract and all the Dispute BoardDB’s activities and hearings as private and confidential, and not publish or disclose them without the prior written consent of the Employer, the Contractor, Contractor and the Other Members (if any); and and (k) be available to give advice and opinions, on any matter relevant to the Contract when requested by both the Employer and the Contractor, subject to the agreement of the Other Members (if any).

Appears in 1 contract

Samples: Unit Price Contract

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