Common use of GENERAL REQUIREMENTS OF THE WORK Clause in Contracts

GENERAL REQUIREMENTS OF THE WORK. The scope of the Work includes correction of defects and Deficiencies by the Contractor in accordance with the Contract. By the date or dates specified in the Owner’s Requirements, the Contractor shall prepare and submit to the Owner a detailed Execution Plan for the performance of all or any part of the Work required under the Contract. The Contractor shall control the progress of the Work to achieve compliance with the Execution Plan. In the execution of the Work the Contractor shall comply with, and the completed Work shall comply with, the Law, including, without limitation, applicable building codes, technical standards, building construction and environmental regulations and the standards specified in the Contract. References in the Contract to applicable codes, standards or regulations shall be understood to be references to the edition applicable on the date of the Contract, unless stated otherwise. If substantially changed or new applicable codes, standards or regulations come into force after the date of the Contract, the Contractor shall submit a Change Quotation for compliance to those new codes, standards or regulations to the Owner’s Representative. Any Change in the Work, the Contract Time or the Compensation as a result shall be dealt with under Article 13 - Changes. The Contractor accepts the Owner’s Site, the Work Site and the obligation to perform the Work in the condition existing at the effective date of this Contract and acknowledges that it has investigated and satisfied itself as to: the nature of the Work; the location of and all conditions relating to the Owner’s Site and the Work Site, including, but not limited to, accessibility, general character, surface conditions, utilities, roads, uncertainties of seasonal weather and all other physical, topographical and geographical conditions but excluding subsurface or other physical conditions, unless disclosed by the Owner; all environmental risks, conditions, Law and restrictions applicable to the Contractor or the Work that may affect the Work; and the magnitude of the Work. The Contractor accepts the obligation to perform the Work and acknowledges that it has investigated and accepts: the general character, quality, quantity and availability of equipment and materials required to execute and complete the Work; and all conditions affecting labour, including, without limitation, availability, productivity and administrative practices, including those relating to safety, prevailing at or applicable to the Work. Any failure by the Contractor to discover matters which affect, or could affect, the Work shall not relieve the Contractor from its obligations under the Contract or otherwise affect the Contract Time or the Compensation. The Owner reserves the right to award separate contracts to Other Contractors for work to be performed at the Work Site and to perform work with its own forces at the Work Site. In such event, the Contractor shall co-ordinate and schedule the Work with the work of the Other Contractors and the Owner’s own forces, and the Contractor shall share access to and use of the Work Site to accommodate the work of Other Contractors. If work performed by Other Contractors as directed by the Owner interferes with the Work performed by the Contractor, the Contractor may issue a Change Quotation in accordance with Section 13.9. The Contractor shall co-operate fully with the Owner, Other Contractors and all other parties with whom the Contractor or Owner may be involved during the performance of the Work. The Contractor shall supervise its employees and Subcontractors and inspect their work to ensure that the Work conforms in each and every respect to the Owner’s Requirements and in accordance with Section 10.1. Approval of the Engineering Services, acceptance of any part of the Goods, Procured Goods or the Construction Work by the Owner, or payment to the Contractor, or any one or more of them, shall not relieve the Contractor from its responsibilities under the Contract, whether pursuant to any of the warranties or guarantees expressed or implied herein, or otherwise. As required by the Owner’s Requirements, the Contractor shall provide the Owner with written reports detailing the status of the Work and all issues relating to the Work, promptly upon the request of the Owner, and shall attend meetings as required by the Contract, or as otherwise requested by the Owner’s Representative. The Contractor shall have those responsibilities for managing the Work as stipulated in the Owner’s Requirements, including, but not limited to: cost monitoring, scheduling and reporting to the Owner; scheduling the Work and monitoring and reporting on the progress of the Work relative to the Milestones to the Owner; coordination, scheduling and supervision of Subcontractors; coordination and management of transportation and related services for the Work; management of the Work to ensure the Work is performed in an efficient and coordinated manner; and preparation of reports and attendance at meetings with the Owner. The Contractor shall ensure that no activities or actions are undertaken in the performance of the Work, or otherwise by the Contractor, which would adversely affect, restrict or limit in any way the continued operation of the Owner’s other facilities which are in operation, unless required to perform the Work, done in accordance with the Execution Plan and authorized in writing by the Owner’s Representative. In the performance of the Work, the Contractor shall give due consideration to the interest and property of others wherever involved, and shall carry out and perform the Work in a manner which shall cause the minimum of inconvenience, injury, and damage to others. The Owner shall provide and the Contractor shall abide by all documents provided by the Owner relating to the Owner’s Site, including, but not limited to, any special restrictions and conditions contained in any easement, regulatory board order, crossing agreement, or other permit relating to the Work Site. The Contractor shall restore, at its expense, all property damaged in the performance of the Work including, without limitation, buildings, fences, xxxxxx, roads, railroads, bridges, culverts, drainage ditches, irrigation ditches and levees, unless such restoration is specifically identified in the Owner’s Requirements and, in which case, the restoration shall be performed in accordance with the Owner’s Requirements. Each of the parties shall promptly and fully inform each other of any errors, omissions or inconsistencies in the Contract, defects or Deficiencies in the Work and of any inconsistencies between the Contract and the Law, of which they become aware. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions which could result in any such inconsistencies, defect or Deficiencies. If the Contractor discovers any inconsistencies in the Contract, or between the Contract and the Law, or discovers any defects or Deficiencies in the Work, it shall resolve all such inconsistencies with the Owner before proceeding with the affected portion of the Work. If the Contractor discovers any inconsistencies in the Contract, or between the Contract and the Law, or discovers any defects or Deficiencies in the Work, and proceeds without resolution with the Owner, the Contractor shall proceed at the Contractor’s own risk and expense and waives all rights to claim against the Owner for the same. All documents and drawings prepared as part of the Work shall be in English.

Appears in 1 contract

Samples: Epc Contract

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GENERAL REQUIREMENTS OF THE WORK. 5.1 The scope of the Work includes correction of defects and Deficiencies by the Contractor in accordance with the Contract. By . 5.2 As part of the date or dates specified in the Owner’s RequirementsUpfront Engineering Services, the Contractor shall prepare and submit to the Owner a detailed Execution Plan for the performance of all or any part of the Work required under the Contract. The Contractor shall control the progress of the Work to achieve compliance with the Execution Plan. . 5.3 In the execution of the Work the Contractor shall comply with, and the completed Work shall comply with, the Law, including, without limitation, applicable building codes, technical standards, building construction and environmental regulations Law and the standards specified in the Contract. . 5.4 References in the Contract to applicable codes, standards or regulations shall be understood to be references to the edition applicable on the date of the Contract, unless stated otherwise. If substantially changed or new applicable codes, standards or regulations come into force after the date of the Contract, the Contractor shall submit a Change Quotation for compliance to those new codes, standards or regulations to the Owner’s Representative. Any Change in the Work, the Contract Time or the Compensation as a result shall be dealt with under Article 13 14 - Changes. . 5.5 The Contractor accepts will accept the Owner’s Site, the Work Site and the obligation to perform the Work in the condition existing at the effective date time of this Contract the execution of the Notice to Proceed with Balance of Work, and acknowledges at that time, the Contractor will acknowledge that it has investigated and satisfied itself as to: : (a) the nature of the Work; and (b) the magnitude of the Work. Additionally, the Contractor will investigate the following conditions as part of the Upfront Engineering Services, and the Notice to Proceed with Balance of Work will include the Contractor’s acceptance of the following conditions, which may be subject to commercially reasonable qualifications: (c) the location of and all conditions relating to the Owner’s Site and the Work Site, including, but not limited to, accessibility, general character, surface conditions, utilities, roads, uncertainties of seasonal weather and all other physical, topographical and geographical conditions conditions, but excluding subsurface or other physical conditions, concealed conditions unless disclosed by the Owner or described in the Owner’s Requirements; and (d) all environmental risks, conditions, Law and restrictions applicable to the Contractor or the Work or that may affect the Work; and . 5.6 Additionally at the magnitude time of the execution of the Notice to Proceed with Balance of Work. The , the Contractor accepts will accept the obligation to perform the Balance of the Work and acknowledges acknowledge that it has investigated and accepts: : (a) the general character, quality, quantity and availability of equipment and materials required to execute and complete the Work; and and (b) all conditions affecting labour, including, without limitation, availability, productivity and administrative practices, including those relating to safety, prevailing at or applicable to the Work. Any failure by the Contractor to discover matters which affect, or could affect, the Work shall not relieve the Contractor from its obligations under the Contract or otherwise affect the Contract Time or the Compensation. . 5.7 The Owner reserves the right to award separate contracts to Other Contractors for work to be performed at or adjacent to the Work Site and to perform work with its own forces at or adjacent to the Work Site. In such event, the Contractor shall co-ordinate and schedule the Work with the work of the Other Contractors and the Owner’s own forces, and the Contractor shall share access to and use of the Work Site to accommodate the work of Other ContractorsContractors and the Owner’s own forces. If work performed by Other Contractors as directed by the Owner interferes with the Work performed by the Contractor, the Contractor may issue a Change Quotation in accordance with Section 13.9. 14.9. 5.8 The Contractor shall co-operate fully with the Owner, Other Contractors and all other parties with whom the Contractor or Owner may be involved during the performance of the Work. The Contractor shall supervise its employees and Subcontractors and inspect their work to ensure that the Work conforms in each and every respect to the Owner’s Requirements and in accordance with Section 10.1. 11.1. 5.9 Approval of the Engineering Services, acceptance of any part of the Goods, Procured Goods or the Construction Work by the Owner, or payment to the Contractor, or any one or more of them, shall not relieve the Contractor from its responsibilities under the Contract, whether pursuant to any of the warranties or guarantees expressed or implied herein, or otherwise. As required by the Owner’s Requirements, the . 5.10 The Contractor shall provide the Owner with written reports detailing the status of the Work and all issues relating to the Work, promptly upon in the request of form specified by the Owner’s Requirements or as otherwise agreed to by the Contractor and the Owner, and shall attend meetings as required by the Contract, or as otherwise requested by the Owner’s Representative. . 5.11 The Contractor shall have those responsibilities for managing the Work as stipulated in the Owner’s Requirements, including, but not limited to: the (a) cost monitoring, scheduling and reporting to the Owner; ; (b) scheduling the Work and monitoring and reporting on the progress of the Work relative to the Milestones to the Owner; ; (c) coordination, scheduling and supervision of Subcontractors; ; (d) coordination and management of transportation and related services for the Work; ; (e) management of the Work to ensure the Work is performed in an efficient and coordinated manner; and and (f) preparation of reports and attendance at meetings with the Owner. . 5.12 The Contractor shall ensure that no activities or actions are undertaken in the performance of the Work, or otherwise by the Contractor, which would adversely affect, restrict or limit in any way the continued operation of the Owner’s other facilities which are in operation, unless required to perform the Work, done in accordance with the Execution Plan and authorized in writing by the Owner’s Representative. . 5.13 In the performance of the Work, the Contractor shall give due consideration to the interest and property of others wherever involved, and shall carry out and perform the Work in a manner which shall cause the minimum of inconvenience, injury, and damage to others. . 5.14 The Owner shall provide provide, during the course of the Upfront Engineering Services, documents relating to the Owner’s Site, and the Contractor shall abide by all such documents provided by the Owner relating to the Owner’s Site, including, but not limited to, any special restrictions and conditions contained in any easement, regulatory board order, crossing agreement, or other permit relating to the Work Site. 5.15 The Contractor shall, in accordance with good industry practice and the Owner’s Requirements, protect the Work, the Work Site, the property of the Owner, Other Contractors and neighbouring owners from damage during the prosecution of the Work, including providing off-hours Work Site security if required by the Owner’s Requirements. The Contractor shall restore, at its expense, all Work and property at the Work Site damaged in the performance of the Work including, without limitation, any buildings, fences, xxxxxx, roads, railroads, bridges, culverts, drainage ditches, irrigation ditches and levees, unless such restoration is specifically identified levees that may be located in the Owner’s Requirements andWork Site area. The Contractor shall also restore, in which case, the restoration shall be performed in accordance with at its expense all property of the Owner, Other Contractors and neighbouring owners damaged due to Contractor’s Requirements. negligence or failure to protect such property as required under the Contract. 5.16 Each of the parties shall promptly and fully inform each other of any errors, omissions or inconsistencies in the Contract, defects or Deficiencies in the Work and of any inconsistencies between the Contract and the Law, of which they become aware. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions which could result in any such inconsistencies, defect or Deficiencies. If the Contractor discovers any inconsistencies in the Contract, or between the Contract and the Law, or discovers any defects or Deficiencies in the Work, it shall resolve all such inconsistencies with the Owner before proceeding with the affected portion of the Work. If the Contractor discovers any inconsistencies in the Contract, or between the Contract and the Law, or discovers any defects or Deficiencies in the Work, and proceeds without resolution with the Owner, the Contractor shall proceed at the Contractor’s own risk and expense and waives all rights to claim against the Owner for the same. . 5.17 All documents and drawings prepared as part of the Work shall be in English. 5.18 The Owner shall have the right but not the obligation to use, at any time, and from time to time, any and all portions of the Work that have reached a stage of completion as to permit such occupancy, provided such occupancy does not unreasonably interfere with the operations of the Contractor hereunder or prevent an expeditious completion of the Contract by the Contractor hereunder. The Contractor agrees to permit such use and to use all reasonable efforts to facilitate the Owner in the occupancy of such available and useful portions of the Work.

Appears in 1 contract

Samples: Epc Contract

GENERAL REQUIREMENTS OF THE WORK. ‌ 4.1 The scope of the Work includes correction of defects and Deficiencies by the Contractor in accordance with the Contract. . 4.2 By the date or dates specified in the Owner’s Requirements, the Contractor shall prepare and submit to the Owner a detailed Execution Plan for the performance of all or any part of the Work required under the Contract. The Contractor shall control the progress of the Work to achieve compliance with the Execution Plan. Plan.‌ 4.3 In the execution of the Work the Contractor shall comply with, and the completed Work shall comply with, the Law, including, without limitation, applicable building codes, technical standards, building construction and environmental regulations and the standards specified in the Contract. . 4.4 References in the Contract to applicable codes, standards or regulations shall be understood to be references to the edition applicable on the date of the Contract, unless stated otherwise. If substantially changed or new applicable codes, standards or regulations come into force after the date of the Contract, the Contractor shall submit a Change Quotation for compliance to those new codes, standards or regulations to the Owner’s Representative. Any Change in the Work, the Contract Time or the Compensation as a result shall be dealt with under Article 13 - Changes. . 4.5 The Contractor accepts the Owner’s Site, the Work Site and the obligation to perform the Work in the condition existing at the effective date of this Contract and acknowledges that it has investigated and satisfied itself as to: : (a) the nature of the Work; ; (b) the location of and all conditions relating to the Owner’s Site and the Work Site, including, but not limited to, accessibility, general character, surface conditions, utilities, roads, uncertainties of seasonal weather and all other physical, topographical and geographical conditions but excluding subsurface or other physical conditions, unless disclosed by the Owner; ; (c) all environmental risks, conditions, Law and restrictions applicable to the Contractor or the Work that may affect the Work; and and (d) the magnitude of the Work. . 4.6 The Contractor accepts the obligation to perform the Work and acknowledges that it has investigated and accepts: : (a) the general character, quality, quantity and availability of equipment and materials required to execute and complete the Work; and and (b) all conditions affecting labour, including, without limitation, availability, productivity and administrative practices, including those relating to safety, prevailing at or applicable to the Work. . 4.7 Any failure by the Contractor to discover matters which affect, or could affect, the Work shall not relieve the Contractor from its obligations under the Contract or otherwise affect the Contract Time or the Compensation. . 4.8 The Owner reserves the right to award separate contracts to Other Contractors for work to be performed at the Work Site and to perform work with its own forces at the Work Site. In such event, the Contractor shall co-ordinate and schedule the Work with the work of the Other Contractors and the Owner’s own forces, and the Contractor shall share access to and use of the Work Site to accommodate the work of Other Contractors. If work performed by Other Contractors as directed by the Owner interferes with the Work performed by the Contractor, the Contractor may issue a Change Quotation in accordance with Section 13.9. . 4.9 The Contractor shall co-operate fully with the Owner, Other Contractors and all other parties with whom the Contractor or Owner may be involved during the performance of the Work. The Contractor shall supervise its employees and Subcontractors and inspect their work to ensure that the Work conforms in each and every respect to the Owner’s Requirements and in accordance with Section 10.1. . 4.10 Approval of the Engineering Services, acceptance of any part of the Goods, Procured Goods or the Construction Work by the Owner, or payment to the Contractor, or any one or more of them, shall not relieve the Contractor from its responsibilities under the Contract, whether pursuant to any of the warranties or guarantees expressed or implied herein, or otherwise. . 4.11 As required by the Owner’s Requirements, the Contractor shall provide the Owner with written reports detailing the status of the Work and all issues relating to the Work, promptly upon the request of the Owner, and shall attend meetings as required by the Contract, or as otherwise requested by the Owner’s Representative. . 4.12 The Contractor shall have those responsibilities for managing the Work as stipulated in the Owner’s Requirements, including, but not limited to: : (a) cost monitoring, scheduling and reporting to the Owner; ; (b) scheduling the Work and monitoring and reporting on the progress of the Work relative to the Milestones to the Owner; ; (c) coordination, scheduling and supervision of Subcontractors; ; (d) coordination and management of transportation and related services for the Work; ; (e) management of the Work to ensure the Work is performed in an efficient and coordinated manner; and and (f) preparation of reports and attendance at meetings with the Owner. . 4.13 The Contractor shall ensure that no activities or actions are undertaken in the performance of the Work, or otherwise by the Contractor, which would adversely affect, restrict or limit in any way the continued operation of the Owner’s other facilities which are in operation, unless required to perform the Work, done in accordance with the Execution Plan and authorized in writing by the Owner’s Representative. . 4.14 In the performance of the Work, the Contractor shall give due consideration to the interest and property of others wherever involved, and shall carry out and perform the Work in a manner which shall cause the minimum of inconvenience, injury, and damage to others. . 4.15 The Owner shall provide and the Contractor shall abide by all documents provided by the Owner relating to the Owner’s Site, including, but not limited to, any special restrictions and conditions contained in any easement, regulatory board order, crossing agreement, or other permit relating to the Work Site. . 4.16 The Contractor shall restore, at its expense, all property damaged in the performance of the Work including, without limitation, buildings, fences, xxxxxx, roads, railroads, bridges, culverts, drainage ditches, irrigation ditches and levees, unless such restoration is specifically identified in the Owner’s Requirements and, in which case, the restoration shall be performed in accordance with the Owner’s Requirements. . 4.17 Each of the parties shall promptly and fully inform each other of any errors, omissions or inconsistencies in the Contract, defects or Deficiencies in the Work and of any inconsistencies between the Contract and the Law, of which they become aware. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions which could result in any such inconsistencies, defect or Deficiencies. If the Contractor discovers any inconsistencies in the Contract, or between the Contract and the Law, or discovers any defects or Deficiencies in the Work, it shall resolve all such inconsistencies with the Owner before proceeding with the affected portion of the Work. If the Contractor discovers any inconsistencies in the Contract, or between the Contract and the Law, or discovers any defects or Deficiencies in the Work, and proceeds without resolution with the Owner, the Contractor shall proceed at the Contractor’s own risk and expense and waives all rights to claim against the Owner for the same. . 4.18 All documents and drawings prepared as part of the Work shall be in English.

Appears in 1 contract

Samples: Epc Contract

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GENERAL REQUIREMENTS OF THE WORK. 5.1 The scope of the Work includes correction the provision of defects and Deficiencies by the Contractor in accordance with the Contract. By the date or dates specified in the Owner’s Requirements, the Contractor shall prepare and submit a turn-key Facility to the Owner a detailed Execution Plan for to meet the performance of all or any part of the Work required under the ContractPerformance Guarantees. The Contractor shall control the progress of the Work to achieve compliance with the Execution Plan. In the execution of the Work the Contractor shall comply with, and the completed Work shall comply with, the Law, including, without limitation, applicable building codes, technical standards, building construction and environmental regulations and the standards specified in the Contract. References in the Contract to applicable codes, standards or regulations shall be understood to be references to the edition applicable on the date of the Contract, unless stated otherwise. If substantially changed or new applicable codes, standards or regulations come into force after the date of the Contract, the Contractor shall submit a Change Quotation for compliance to those new codes, standards or regulations to the Owner’s Representative. Any Change in the Work, the Contract Time or the Compensation as a result shall be dealt with under Article 13 - Changes. The Contractor accepts the Owner’s Site, the Work Site and the obligation to perform the Work in the condition existing at the effective date of this Contract and acknowledges that it has investigated and satisfied itself as to: the nature of the Work; the location of and all conditions relating to the Owner’s Site and the Work Site, including, but not limited to, accessibility, general character, surface conditions, utilities, roads, uncertainties of seasonal weather and all other physical, topographical and geographical conditions but excluding subsurface or other physical conditions, unless disclosed by the Owner; all environmental risks, conditions, Law and restrictions applicable to the Contractor or the Work that may affect the Work; and the magnitude of the Work. The Contractor accepts the obligation to perform the Work and acknowledges that it has investigated and accepts: Without limiting the general character, quality, quantity and availability of equipment and materials required to execute and complete the Work; and all conditions affecting labour, including, without limitation, availability, productivity and administrative practices, including those relating to safety, prevailing at or applicable to the Work. Any failure by the Contractor to discover matters which affect, or could affect, the Work shall not relieve the Contractor from its obligations under the Contract or otherwise affect the Contract Time or the Compensation. The Owner reserves the right to award separate contracts to Other Contractors for work to be performed at the Work Site and to perform work with its own forces at the Work Site. In such event, the Contractor shall co-ordinate and schedule the Work with the work of the Other Contractors and the Owner’s own forces, and the Contractor shall share access to and use of the Work Site to accommodate the work of Other Contractors. If work performed by Other Contractors as directed by the Owner interferes with the Work performed by the Contractor, the Contractor may issue a Change Quotation in accordance with Section 13.9. The Contractor shall co-operate fully with the Owner, Other Contractors and all other parties with whom the Contractor or Owner may be involved during the performance of the Work. The Contractor shall supervise its employees and Subcontractors and inspect their work to ensure that the Work conforms in each and every respect to the Owner’s Requirements and in accordance with Section 10.1. Approval of the Engineering Services, acceptance of any part of the Goods, Procured Goods or the Construction Work by the Owner, or payment to the Contractor, or any one or more of them, shall not relieve the Contractor from its responsibilities under the Contract, whether pursuant to any of the warranties or guarantees expressed or implied herein, or otherwise. As required by the Owner’s Requirements, the Contractor shall provide the Owner with written reports detailing the status of the Work and all issues relating to the Work, promptly upon the request of the Owner, and shall attend meetings as required by the Contract, or as otherwise requested by the Owner’s Representative. The Contractor shall have those responsibilities for managing the Work as stipulated in the Owner’s Requirements, including, but not limited to: cost monitoring, scheduling and reporting to the Owner; scheduling the Work and monitoring and reporting on the progress of the Work relative to the Milestones to the Owner; coordination, scheduling and supervision of Subcontractors; coordination and management of transportation and related services for the Work; management of the Work to ensure the Work is performed in an efficient and coordinated manner; and preparation of reports and attendance at meetings with the Owner. The Contractor shall ensure that no activities or actions are undertaken in the performance of the Work, or otherwise by the Contractor, which would adversely affect, restrict or limit in any way the continued operation of the Owner’s other facilities which are in operation, unless required to perform the Work, done in accordance with the Execution Plan and authorized in writing by the Owner’s Representative. In the performance scope of the Work, the Contractor shall shall: (a) perform the Work in a professional, efficient and workmanlike manner, using only qualified, skilful and careful personnel, in accordance with the Contract; (b) comply with this Contract; (c) abide by all documents known by the Contractor relating to the Owner’s Site, including any special restrictions and conditions contained in any easement, regulatory board order, crossing agreement, or other permit relating to the Work Site; (d) give due consideration to the interest and property of others wherever involved, and shall carry out and perform the Work in a manner which shall cause the minimum of inconvenience, injury, and damage to others. The Owner shall ; (e) provide adequate training to management, operating and maintenance personnel assigned to the Contractor shall abide by all documents provided by ongoing operation of the Facility and advise the Owner of scheduled training and provide two seats in each training session for the Owner personnel; (f) provide all necessary security at the Work Site; (g) not limit the Owner’s access to the Work Site at any time, subject to the access requirements set out in the MO & M Agreement; (h) provide reasonably suitable office and work space for the Owner’s reasonable personnel requirements on the Work Site throughout the Contract Time; (i) provide the Owner with written reports detailing the status of the Work and all issues relating to the Work, at such frequency as reasonably requested by the Owner’s Site; (j) co-operate fully with the Owner, including, but not limited to, any special restrictions Other Contractors and conditions contained in any easement, regulatory board order, crossing agreement, all other parties with whom the Contractor or other permit relating to Owner may be involved during the performance of the Work; (k) supervise its personnel and Subcontractors and inspect their work; and (l) control the progress of the Work Siteto achieve compliance with the Project Plan. 5.2 A draft Project Plan is attached to this Contract as Schedule Q – Project Plan. The Contractor shall restore, at its expense, all property damaged in finalize and submit the performance of the Work including, without limitation, buildings, fences, xxxxxx, roads, railroads, bridges, culverts, drainage ditches, irrigation ditches and levees, unless such restoration is specifically identified in the Owner’s Requirements and, in which case, the restoration shall be performed in accordance with the Owner’s Requirements. Each of the parties shall promptly and fully inform each other of any errors, omissions or inconsistencies in the Contract, defects or Deficiencies in the Work and of any inconsistencies between the Contract and the Law, of which they become aware. The Contractor shall exercise reasonable care and diligence Project Plan to prevent any actions or conditions which could result in any such inconsistencies, defect or Deficiencies. If the Contractor discovers any inconsistencies in the Contract, or between the Contract and the Law, or discovers any defects or Deficiencies in the Work, it shall resolve all such inconsistencies with the Owner before proceeding with the affected portion of the Work. If the Contractor discovers any inconsistencies in the Contract, or between the Contract and the Law, or discovers any defects or Deficiencies in the Work, and proceeds without resolution with the Owner, the Contractor shall proceed at the Contractor’s own risk and expense and waives all rights to claim against the Owner for its review and approval prior to September 30, 2010. The Project Plan shall include all documentation referenced in the sametable of contents set out in Schedule Q – Project Plan and be consistent with the Policy. All documents The final, approved Project Plan shall replace Schedule Q – Project Plan and drawings prepared as shall form part of the Work this Contract. The Project Plan shall be in Englishupdated from time to time as may be agreed by the Owner and the Contractor.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Contract (NewPage CORP)

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