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Common use of Obligation to Carry Out Clause in Contracts

Obligation to Carry Out. The Contractor shall or shall procure that the Building Contractor (and its sub-contractors and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction and completion, commissioning and testing of the Works so that: 10.1.1 each Phase shall achieve Services Commencement on or before the Planned Services Commencement Date for that Phase; 10.1.2 the Works fully comply with and meet all the requirements of: (a) this Agreement;‌ (b) all applicable Legislation and Guidance;‌ (c) the Output Specification;‌ (d) all Consents;‌ (e) all applicable Authority Policies;‌ (f) the Contractor's Proposals; and‌ (g) Good Industry Practice,‌ provided that in the event of conflict or inconsistency, precedence shall be given in the order listed above (with (a) being the highest priority and (g) being the lowest priority). 10.1.3 new materials only will be used in carrying out the Works (unless the Authority agrees otherwise in writing or the contrary is set out in the Output Specification) and all goods used or included in the Works will be of satisfactory quality, and there will be used or included in the Works none of those products and materials listed in Schedule 7 (Prohibited Materials) nor any products or materials not in conformity with relevant British or European Union Standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used; 10.1.4 all persons employed in connection with the performance of the Works will be skilled and experienced in their several professions, trades and callings or adequately supervised; 10.1.5 all aspects of the Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this Agreement; 10.1.6 the Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Sites are secure against trespassers and clean and tidy so far as practicable having regard to the nature of the Works;‌ 10.1.7 adequate retaining and supporting walls are provided to support any Adjoining Property during the carrying out of the Works; 10.1.8 the Works are carried out and completed in a manner not likely to prejudice the satisfaction of the Output Specification; and 10.1.9 the Works are carried out in compliance with the Equality Requirements.

Appears in 1 contract

Samples: Project Agreement

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Obligation to Carry Out. The Contractor shall or shall procure that the Building Construction Sub-Contractor (and its sub-contractors and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction and construction, completion, commissioning and testing of the Works so that: 10.1.1 each Phase 13.1.1 the Facility shall achieve Services the Readiness Date on or before the Planned Readiness Date; 13.1.2 the Facility shall achieve Service Commencement on or before the Planned Services Commencement Date for that PhaseDate; 10.1.2 13.1.3 the Works fully comply with and meet all the requirements of: (a) of this Agreement;‌ (b) Contract, the Works Requirements, the Commissioning Requirements, the Works Method Statements, the Construction Programme, Good Industry Practice, Guidance, all Consents and all applicable Legislation and Guidance;‌Legislation; (c) the Output Specification;‌ (d) all Consents;‌ (e) all applicable Authority Policies;‌ (f) the Contractor's Proposals; and‌ (g) Good Industry Practice,‌ provided that in the event of conflict 13.1.4 new or inconsistency, precedence shall be given in the order listed above (with (a) being the highest priority and (g) being the lowest priority). 10.1.3 new recycled materials only will be used in carrying out the Works in accordance with Schedule 2 (Authority's Requirements) (unless the Authority agrees otherwise in writing or the contrary is set out in the Output SpecificationWorks Requirements and Works Method Statements) and all goods used or included in the Works will be of satisfactory quality, and there will be used or included in the Works none of those products and materials listed in Schedule 7 (no Prohibited Materials) Materials nor any products or materials not in conformity with relevant British or European Union Standards standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used; 10.1.4 13.1.5 all persons employed in connection with the performance of the Works will be skilled and experienced in their several professions, trades and callings or adequately supervised; 10.1.5 13.1.6 all aspects of the Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this AgreementContract; 10.1.6 13.1.7 subject to Clause 42 (Protester Action), the Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Sites are secure against trespassers and clean and tidy so far as is practicable having regard to the nature of the Works;‌Works; and 10.1.7 13.1.8 adequate retaining and supporting walls are provided to support any Adjoining Property during the carrying out of the Works; 10.1.8 the Works are carried out and completed in a manner not likely to prejudice the satisfaction of the Output Specification; and 10.1.9 the Works are carried out in compliance with the Equality Requirements.

Appears in 1 contract

Samples: Residual Waste Treatment Contract

Obligation to Carry Out. The Contractor shall or shall procure that the Building Contractor (and its sub-sub- contractors and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction and construction, completion, commissioning and testing of the Works so that: 10.1.1 each Phase School shall achieve ICT Handover shall be achieved at each School on or before the Planned ICT Handover Date and (without prejudice to clause 11.11) Services Commencement Availability on or before the Planned Services Commencement Availability Date for that PhaseSchool provided that a breach of this clause 10.1.1 shall not, of itself, be capable of giving rise to a Contractor Default under either of limbs (a) or (b) of that definition; 10.1.2 [the Post Completion Works Acceptance Requirements are satisfied at each Site on or before the relevant Planned Post Completion Works Acceptance Date, provided that a breach of this clause 10.1.3 the Works fully comply with and meet all the requirements of: (a) of this Agreement;‌ (b) Agreement, the Facilities Output Specification, the Construction Proposals, Good Industry Practice, Guidance, all Necessary Consents, all applicable Authorities’ Policies93100 and, Legislation and Guidance;‌ (c) the Output Specification;‌ (d) all Consents;‌ (e) all any applicable Authority Policies;‌ (f) the Contractor's Proposals; and‌ (g) Good Industry Practice,‌ provided that in the event judgment of conflict or inconsistency, precedence shall be given in the order listed above (with (a) being the highest priority and (g) being the lowest priority)a relevant court of law which is a binding precedent. 10.1.3 10.1.4 new materials only will be used in carrying out the Works (unless the Authority agrees otherwise in writing or the contrary is set out in the Facilities Output Specification) Specification)94 and all goods used or included in the Works will be of satisfactory quality, and there will be used or included in the Works none of those products and materials listed in Schedule 7 9 (Prohibited Materials) nor any products or materials not in conformity with relevant British or European Union Standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used; 10.1.4 10.1.5 all persons employed in connection with the performance of the Works will be skilled and experienced in their several professions, trades and callings or adequately supervised; 10.1.5 10.1.6 all aspects of the Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this AgreementAgreement and having regard to the activities which are carried on at the Sites and to the age of the Pupils occupying the Sites; 10.1.6 10.1.7 the Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Sites are secure against trespassers and clean and tidy so far as practicable having regard to the nature of the Works;‌Works; 10.1.7 10.1.8 adequate retaining and supporting walls are provided to support any Adjoining Property and, where appropriate, the buildings at the Existing Schools during the carrying out of the Works; 10.1.8 the Works are carried out and completed in a manner not likely to prejudice the satisfaction of the Output Specification; and 10.1.9 the Works are carried out in compliance with the Equality Requirements.

Appears in 1 contract

Samples: Project Agreement

Obligation to Carry Out. The Contractor shall or shall procure that the Building Contractor (and its sub-contractors and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction and construction, completion, commissioning and testing of the Works so that: 10.1.1 each Project Phase shall achieve Services Commencement Availability on or before the Planned Services Commencement Availability Date for that Project Phase; 10.1.2 the Works fully comply with and meet all the requirements of: (a) of this Agreement;‌ (b) Agreement, the Facilities Requirements, the Contractor’s Proposals, Good Industry Practice, Guidance, all Necessary Consents and all applicable Legislation Authority’s Policies and Guidance;‌Legislation; (c) the Output Specification;‌ (d) all Consents;‌ (e) all applicable Authority Policies;‌ (f) the Contractor's Proposals; and‌ (g) Good Industry Practice,‌ provided that 10.1.3 in the event that the Contractor enters into any sub-contract in connection with the Works it shall ensure that any such sub- contractor complies with and meets all the requirements of conflict or inconsistency, precedence shall be given in the order listed above (with (a) being the highest priority and (g) being the lowest priority).Race Equality Requirements; 10.1.3 10.1.4 new materials only will be used in carrying out the Works (unless the Authority agrees otherwise in writing or the contrary is set out in the Output SpecificationFacilities Requirements) and all goods used or included in the Works will be of satisfactory quality, and there will be used or included in the Works none of those products and materials listed in Schedule 7 9 (Prohibited Materials) nor any products or materials not in conformity with relevant British or European Union Standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used; 10.1.4 10.1.5 all persons employed in connection with the performance of the Works will be skilled and experienced in their several professions, trades and callings or adequately supervised; 10.1.5 10.1.6 all aspects of the Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this AgreementAgreement and having regard to the activities which are carried on at the Sites and to the age of the pupils occupying the Sites; 10.1.6 10.1.7 the Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Sites are secure against trespassers and clean and tidy so far as practicable having regard to the nature of the Works;‌Works; 10.1.7 10.1.8 adequate retaining and supporting walls are provided to support any Adjoining Property adjoining property and, where appropriate, the Existing Schools during the carrying out of the Works; 10.1.8 10.1.9 the Works are carried out and completed in a manner not likely to prejudice the satisfaction of the Output Services Specification; and 10.1.9 10.1.10 the Works are carried out in compliance with the Race Equality Requirements.

Appears in 1 contract

Samples: Project Agreement

Obligation to Carry Out. The Contractor shall or shall procure that the Building Contractor (and its sub-contractors and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction and construction, completion, commissioning and testing of the Works so that: 10.1.1 each Phase each: 10.1.1.1 Dwelling shall achieve Services Commencement a Certificate of Availability Rented (Full Standard) or Certificate of Availability Leasehold (Full Standard) as appropriate on or before the Planned Full Services Commencement Date (New Build) or Planned Full Services Commencement Date (Refurbishment) (as the case may be) for that PhaseDwelling; 10.1.1.2 Demolition Works shall receive a Certificate of Completion (Demolition Works) on or before the date specified for completion of such Works in the Construction Programme; 10.1.1.3 Environmental Works shall receive a Certificate of Completion (Environmental Works and Communal Works) on or before the date specified for completion of such Works in the Construction Programme 10.1.1.4 Facility and Communal Area shall receive a Certificate of Availability Facilities and Communal Areas (Full Standard) on or before the date specified for completion of such Works in the Construction Programme. 10.1.2 the Works fully comply with and meet all the requirements of: (a) of this Agreement;‌ (b) Agreement, the Output Specification, the Contractor’s Proposals, Good Industry Practice, Guidance, all Consents and all applicable City Council’s Policies, Legislation and Guidance;‌ (c) the Output Specification;‌ (d) all Consents;‌ (e) all applicable Authority Policies;‌ (f) the Contractorprovisions of Tenancy Agreement and Leaseholder's Proposals; and‌ (g) Good Industry Practice,‌ provided that Leases. The Contractor shall, and in the event that the Contractor enters into any Sub-Contract in connection with the Works it shall ensure that such Sub-Contractor shall comply with all of conflict or inconsistency, precedence shall be given in the order listed above (with (a) being the highest priority and (g) being the lowest priority).Equality Requirements; 10.1.3 new materials only will be used in carrying out the Works (unless the Authority City Council agrees otherwise in writing or the contrary is set out in the Output Specification) and all goods used or included in the Works will be of satisfactory quality, and there will be used or included in the Works none of those products and materials listed in Schedule 7 schedule 8 (Prohibited Materials) nor any products or materials not in conformity with relevant British or European Union Standards standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used; 10.1.4 all persons employed in connection with the performance of the Works will be skilled and experienced in their several professions, trades and callings or adequately supervised; 10.1.5 all aspects of the Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this AgreementAgreement having regard to the activities which are carried out at the Dwellings and Properties and also to the existence of Tenants and Leaseholders; 10.1.6 the Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Project Sites are secure against trespassers and clean and tidy so far as practicable having regard to the nature of the Works;‌Works; 10.1.7 adequate retaining and supporting walls are provided to support any Adjoining Property during the carrying out of the Works; 10.1.8 the Works are carried out and completed in a manner not likely to prejudice the satisfaction of the Output Specification; and 10.1.9 the Works are carried out in compliance with the Equality Requirements.

Appears in 1 contract

Samples: Project Agreement

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Obligation to Carry Out. The Contractor shall or shall procure that the Building Contractor (and its sub-contractors and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction and completion, commissioning and testing of the Works so that: 10.1.1 each Phase shall achieve Services Commencement on or before the Planned Services Commencement Date for that Phase; 10.1.2 the Works fully comply with and meet all the requirements of: (a) this Agreement;‌Agreement; (b) all applicable Legislation and Guidance;‌Guidance; (c) the Output Specification;‌Specification; (d) all Consents;‌Consents; (e) all applicable Authority Policies;‌Policies; (f) the Contractor's Proposals; and‌and (g) Good Industry Practice,‌ Practice, provided that in the event of conflict or inconsistency, precedence shall be given in the order listed above (with (a) being the highest priority and (g) being the lowest priority). 10.1.3 new materials only will be used in carrying out the Works (unless the Authority agrees otherwise in writing or the contrary is set out in the Output Specification) and all goods used or included in the Works will be of satisfactory quality, and there will be used or included in the Works none of those products and materials listed in Schedule 7 (Prohibited Materials) nor any products or materials not in conformity with relevant British or European Union Standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used; 10.1.4 all persons employed in connection with the performance of the Works will be skilled and experienced in their several professions, trades and callings or adequately supervised; 10.1.5 all aspects of the Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this Agreement; 10.1.6 the Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Sites are secure against trespassers and clean and tidy so far as practicable having regard to the nature of the Works;‌Works; 10.1.7 adequate retaining and supporting walls are provided to support any Adjoining Property during the carrying out of the Works; 10.1.8 the Works are carried out and completed in a manner not likely to prejudice the satisfaction of the Output Specification; and 10.1.9 the Works are carried out in compliance with the Equality Requirements.

Appears in 1 contract

Samples: Project Agreement

Obligation to Carry Out. The Contractor shall or shall procure that the Building Construction Sub-Contractor (and its sub-contractors and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction and construction, completion, commissioning and testing of the Works so that: 10.1.1 each Phase 13.1.1 the Facility shall achieve the Readiness Date on or before the Planned Readiness Date; 13.1.2 the Facility shall achieve Services Commencement on or before the Planned Services Commencement Date for that PhaseDate; 10.1.2 13.1.3 the Works fully comply with and meet all the requirements of: (a) of this Agreement;‌ (b) Contract, the Works Requirements, the Commissioning Requirements, the Works Method Statements, the Construction Programme, Good Industry Practice, Guidance, all Consents and all applicable Legislation and Guidance;‌Legislation; (c) the Output Specification;‌ (d) all Consents;‌ (e) all applicable Authority Policies;‌ (f) the Contractor's Proposals; and‌ (g) Good Industry Practice,‌ provided that in the event of conflict 13.1.4 new or inconsistency, precedence shall be given in the order listed above (with (a) being the highest priority and (g) being the lowest priority). 10.1.3 new recycled materials only will be used in carrying out the Works in accordance with Schedule 2 (Authority's Requirements) (unless the Authority agrees otherwise in writing or the contrary is set out in the Output SpecificationWorks Requirements and Works Method Statements) and all goods used or included in the Works will be of satisfactory quality, and there will be used or included in the Works none of those products and materials listed in Schedule 7 (no Prohibited Materials) Materials nor any products or materials not in conformity with relevant British or European Union Standards standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used; 10.1.4 13.1.5 all persons employed in connection with the performance of the Works will be skilled and experienced in their several professions, trades and callings or adequately supervised; 10.1.5 13.1.6 all aspects of the Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this AgreementContract; 10.1.6 13.1.7 subject to Clause 42 (Protester Action), the Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Sites are secure against trespassers and clean and tidy so far as is practicable having regard to the nature of the Works;‌Works; and 10.1.7 13.1.8 adequate retaining and supporting walls are provided to support any Adjoining Property during the carrying out of the Works; 10.1.8 the Works are carried out and completed in a manner not likely to prejudice the satisfaction of the Output Specification; and 10.1.9 the Works are carried out in compliance with the Equality Requirements.

Appears in 1 contract

Samples: Residual Waste Treatment Contract

Obligation to Carry Out. The Contractor shall or shall procure that the Building Refurbishment Contractor (and its sub-contractors Sub- Contractor and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction and completion, commissioning and testing of the Refurbishment Works so that: 10.1.1 each Phase Dwelling shall achieve Services Commencement the Certificate of Availability Rented (Full Standard) or Certificate of Availability Leasehold (Full Standard) as appropriate on or before the Planned Services Commencement Refurbishment Completion Date for that Phase;Dwelling, 10.1.2 the Refurbishment Works fully comply with and meet all the requirements of: (a) of this Agreement;‌ (b) Agreement, the Output Specification, the Contractor’s Proposals, Good Industry Practice, Guidance, all Consents and all applicable Legislation Authority’s Policies and Guidance;‌ (c) the Output Specification;‌ (d) all Consents;‌ (e) all applicable Authority Policies;‌ (f) the Contractor's Proposals; and‌ (g) Good Industry Practice,‌ provided that in Legislation. In the event that the Contractor enters into any Sub-Contract in connection with the Refurbishment Works it shall ensure that such Sub-Contractor complies with and meets all the requirements of conflict or inconsistency, precedence shall be given in the order listed above (with (a) being the highest priority and (g) being the lowest priority).Race Equality requirements, 10.1.3 new materials only will be used in carrying out the Refurbishment Works (unless the Authority agrees otherwise in writing or the contrary is set out in the Output Specification) and all goods used or included in the Refurbishment Works will be of satisfactory quality, and there will be used or included in the Refurbishment Works none of those products and materials listed in Schedule schedule 7 (Prohibited Materials) nor any products or materials not in conformity with relevant British or European Union Standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used;, 10.1.4 all persons employed in connection with the performance of the Refurbishment Works will be skilled and experienced in their several professions, trades and callings or adequately supervised;, 10.1.5 all aspects of the Refurbishment Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this Agreement;Agreement having regard to the activities which are carried out at the Dwellings and Properties and also to the existence of Tenants and Leaseholders, 10.1.6 the Refurbishment Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Sites are secure against trespassers and clean and tidy so far as practicable having regard to the nature of the Works;‌Refurbishment Works, and 10.1.7 adequate retaining and supporting walls are provided to support any Adjoining Property during the carrying out of the Refurbishment Works;. 10.1.8 the Refurbishment Works are carried out and completed in a manner not likely to prejudice the satisfaction of the Output Specification; , and 10.1.9 the Refurbishment Works are carried out in compliance with the Race Equality Requirements.

Appears in 1 contract

Samples: Agreement for the Provision of Refurbishment, Management and Maintenance Services

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