Common use of Mobilisation Clause in Contracts

Mobilisation. 4.1 The Contractor will at its cost and expense implement the Mobilisation Plan no later than the Contract Commencement Date and will complete all Mobilisation Deliverables in accordance with the timetable set out in the Mobilisation Plan and will ensure that the timetable set out in the Mobilisation Plan for the successful completion of each Mobilisation Deliverable is met. 4.2 The Contractor will implement the Mobilisation Plan in full co-operation with the Authority and all relevant Third Parties to ensure that the Contractor is able to commence the Services in full on the Services Commencement Date. 4.3 The Contractor will apply the same level of skill, care and diligence in the performance of its tasks and obligations under the Mobilisation Plan as it is required to apply in the provision of the Services. 4.4 If the Contractor becomes aware that it is or may be unable to meet or is unlikely to be able to perform any Mobilisation Deliverable in accordance with any timetable set out in the Mobilisation Plan then, without prejudice to any other rights or remedies of the Authority, the Contractor will promptly notify the Authority in writing of the same, the reason for the delay and provide an estimate of when that Mobilisation Deliverable will be completed. 4.5 If the Contractor fails to complete any Mobilisation Deliverable by the date specified in the Mobilisation Plan for completion of it, then (without prejudice to the Authority’s rights and remedies) the Contractor will at its own cost, arrange such additional resources as are necessary to fulfil its obligations under the Mobilisation Plan as soon as possible after the relevant date contained in the timetable set out in the Mobilisation Plan. 4.6 The Authority may, at any time undertake an audit pursuant to Clause 41 in order to inspect and view the state and progress of mobilisation. The Authority’s inspection of mobilisation will not be deemed acceptance by the Authority of any aspect of mobilisation and/or the Services and other obligations performed by the Contractor in relation to it. 4.7 The Contractor will regularly review the Mobilisation Plan and whenever appropriate propose changes to the Mobilisation Plan, at the Contractor’s expense, to ensure that the Services are capable of being provided on the Services Commencement Date in accordance with the terms of this Contract. All changes proposed by the Contractor will be subject to the prior written approval of the Engineer. 4.8 If at any time during the Mobilisation Period the Engineer decides that the progress or the works under the Mobilisation Plan are not sufficient or appropriate to ensure that the Services are capable of being provided on the Services Commencement Date in accordance with the terms of this Contract, the Engineer may instruct the Contractor to revise the Mobilisation Plan and the Contractor will, at its expense, promptly prepare and implement the requisite modifications.

Mobilisation. 4.1 The Contractor will at its cost and expense implement Provider shall comply with the Mobilisation Plan no later than set out in the Contract Provider’s Tender as updated by the Parties following the Provider being appointed by the Council to this Contract. The Council shall, at each Milestone stage of the Mobilisation Plan review the Provider’s submission that the milestone within the Mobilisation Plan has been achieved such that the Service Commencement Date shall be capable of being met by the Provider and that the provision of the Services at that date will complete all be of the level required by the Council. If the Provider fails to meet the date by when a milestone in the Mobilisation Deliverables Plan is to have been implemented and tested ahead of and to ensure that Service Commencement Date is achieved, then for each day that the milestone is not met the following shall apply: the Provider shall provide the Council’s Representative with a weekly Recovery Plan setting out: i the action the Provider shall take to ensure the milestone is achieved at the earliest opportunity ii the date by which the milestone will be achieved iii the impact on the timetable for the remainder of the Mobilisation Plan. If the Provider and or the Council is clear by one month prior to the Service Commencement Date that the Mobilisation Plan and/or one or more milestone have not been able to be concluded by the Provider such that the Council is not clear that by the Service Commencement Date the Provider is able to deliver the Services in accordance with the timetable set Contract terms and conditions, then: the Provider shall provide the Council’s Representative with a weekly plan setting out what the Provider remains to secure in the Mobilisation Plan and will ensure that the timetable set out in the Mobilisation Plan for the successful completion of each Mobilisation Deliverable is met. 4.2 The Contractor will implement the Mobilisation Plan in full co-operation with the Authority and all relevant Third Parties to ensure that the Contractor is able to commence fully deliver the Services in full on including the date by which this will be achieved. whilst the date from when the Service Provider actually commences to provide the Services may be later hence than the Service Commencement Date. 4.3 The Contractor will apply , the same level of skill, care Contract Term and diligence in the performance of its tasks Commencement and obligations under the Mobilisation Plan as it is required to apply in the provision Duration provisions of the ServicesContract shall not change. 4.4 If the Contractor becomes aware that it is or may be unable to meet or is unlikely to be able to perform any Mobilisation Deliverable in accordance with any timetable set out in the Mobilisation Plan then, without prejudice to any other rights or remedies of the Authority, the Contractor will promptly notify the Authority in writing of the same, the reason for the delay and provide an estimate of when that Mobilisation Deliverable will be completed. 4.5 If the Contractor fails to complete any Mobilisation Deliverable by the date specified in the Mobilisation Plan for completion of it, then (without prejudice to the Authority’s rights and remedies) the Contractor will at its own cost, arrange such additional resources as are necessary to fulfil its obligations under the Mobilisation Plan as soon as possible after the relevant date contained in the timetable set out in the Mobilisation Plan. 4.6 The Authority may, at any time undertake an audit pursuant to Clause 41 in order to inspect and view the state and progress of mobilisation. The Authority’s inspection of mobilisation will not be deemed acceptance by the Authority of any aspect of mobilisation and/or the Services and other obligations performed by the Contractor in relation to it. 4.7 The Contractor will regularly review the Mobilisation Plan and whenever appropriate propose changes to the Mobilisation Plan, at the Contractor’s expense, to ensure that the Services are capable of being provided on the Services Commencement Date in accordance with the terms of this Contract. All changes proposed by the Contractor will be subject to the prior written approval of the Engineer. 4.8 If at any time during the Mobilisation Period the Engineer decides that the progress or the works under the Mobilisation Plan are not sufficient or appropriate to ensure that the Services are capable of being provided on the Services Commencement Date in accordance with the terms of this Contract, the Engineer may instruct the Contractor to revise the Mobilisation Plan and the Contractor will, at its expense, promptly prepare and implement the requisite modifications.