Common use of Performance of the Work Clause in Contracts

Performance of the Work. 8.1 The Contractor undertakes to comply with its obligations concerning the health or safety of the employees in the performance of the work which are specific to the Principal. This also refers to all the provisions of the health, safety and environmental regulations for work on the relevant site of the Principal (as available on xxx.xxxx.xx) and also, if appropriate, the provisions of the specifications which apply to work contracted in certain plants of the Principal. The Contractor acknowledges that he is familiar with these provisions. In addition, the Contractor shall comply with all the applicable statutory and administrative provisions, including with respect to technology, quality, health, safety and environment, and must possess the necessary internal permits of the Principal. If the Contractor fails to comply with the above-mentioned obligations, or to do so satisfactorily, the Principal shall have the right to take the necessary measures itself, at Contractor’s expense. 8.2 The Contractor has the exclusive power, command and control over its personnel. The Contractor guarantees that all instructions given to him will be passed on to all its employees, its contractors and their employees and those of any of their subcontractors. 8.3 The Contractor shall provide an experienced and expert site manager who will also ensure smooth progress of the works on the site. This site manager must be present or available full-time and must at any time be able to provide a list of staff members present on the site. He must have the necessary authority and skills, in terms of both organization, management and supervision of the work and of the staff and with respect to health and safety. Staff supervising the work shall be present in sufficient numbers and shall be able to communicate fluently with both the workers and the Principal. The site manager will pass on all instructions given to him by the Principal to all the employees of the Contractor, its contractors and their employees and those of any of their subcontractors. 8.4 The Principal always retains an unlimited right of access to the site and all plants erected on it. 8.5 The Principal reserves the right, when dangerous situations are identified which the Contractor cannot rectify itself at that time and which require immediate intervention, to take the necessary measures itself to rectify this at the Contractor’s expense. 8.6 The Contractor may only erect its plant and equipment at the locations indicated by the Principal. The works may not obstruct either the organization of the work or the operational plants belonging to the Principal. 8.7 The works are mostly carried out simultaneously with several other contractors and departments of the Principal. The Contractor shall be obliged to assist in the co-ordination and co- operation with other contractors of the Principal. The site manager of Contractor will for this purpose attend the co- ordination meetings as often as the work requires him to do so. The Contractor will perform its work in such a way that other contractors and professional services of the Principal will not be hindered or will not suffer any damage therefrom. The Contractor will see to it that any and all necessary notifications and arrangements will be taken care of in time and to a sufficient extent. The Contractor will indemnify the Principal against any claims of third parties to the Principal for any such nuisance as may arise at the site. 8.8 The Contractor shall not do any work for third parties on the BASF sites, unless it has been given express permission for this from the Purchasing department located on the site of BASF in 0000 Xxxxxxx, Xxxxxxxxxxx 000.

Appears in 3 contracts

Samples: General Contract Terms, General Contract Terms, General Terms and Conditions

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Performance of the Work. 8.1 9.1 The Contractor undertakes to comply with its obligations concerning the health or safety of the employees in the performance of the work which are specific to the PrincipalBuyer. This also refers to all the provisions of the health, safety and environmental regulations for work on the relevant site of the Principal (as available on xxx.xxxx.xx) Buyer and also, if appropriate, the provisions of the specifications which apply to work contracted in certain plants at the plant of the PrincipalBuyer. The Contractor acknowledges that he is familiar with these provisions. In addition, the Contractor shall comply with all the applicable statutory and administrative provisions, including with respect to technology, quality, health, safety and environment, and must possess the necessary internal permits of the PrincipalBuyer. If the Contractor fails to comply with the above-mentioned obligations, or to do so satisfactorily, the Principal Buyer shall have the right to take the necessary measures itself, at Contractor’s expense. 8.2 9.2 The Contractor has the exclusive power, command and control over its personnel. The Contractor guarantees that all instructions given to him will be passed on to all its employees, its contractors and their employees and those of any of their subcontractors. 8.3 9.3 The Contractor shall provide an experienced and expert site manager who will also ensure smooth progress of the works on the site. This site manager must be present or available full-time and must at any time be able to provide a list of staff members present on the site. He must have the necessary authority and skills, in terms of both organization, management and supervision of the work and of the staff and with respect to health and safety. Staff supervising the work shall be present in sufficient numbers and shall be able to communicate fluently with both the workers and the PrincipalBuyer. The site manager will pass on all instructions given to him by the Principal Buyer to all the employees of the Contractor, its contractors and their employees and those of any of their subcontractors. 8.4 9.4 The Principal Buyer always retains an unlimited right of access to the site and all plants installations erected on it. 8.5 9.5 The Principal Buyer reserves the right, when dangerous situations are identified which the Contractor cannot rectify itself at that time and which require immediate intervention, to take the necessary measures itself to rectify this at the Contractor’s expense. 8.6 9.6 The Contractor may only erect its plant installations and equipment at the locations indicated by the PrincipalBuyer. The works may not obstruct either the organization of the work or the operational plants installations belonging to the PrincipalBuyer. The Contractor itself must take adequate measures to prevent accidents and damage caused by external factors, such as weather conditions, theft, vandalism or fire. 8.7 9.7 The works are mostly carried out simultaneously with several other contractors and departments of the PrincipalBuyer. The Contractor shall be obliged to assist in the co-ordination and co- co-operation with other contractors of the PrincipalBuyer. The site manager of the Contractor will will, for this purpose purpose, attend the co- co-ordination meetings as often as the work requires him to do so. The Contractor will perform its work in such a way that other contractors and professional services of the Principal Buyer will not be hindered or will not suffer any damage therefrom. The Contractor will see to it that any and all necessary notifications and arrangements will be taken care of in time and to a sufficient extent. The Contractor will indemnify the Principal Buyer against any claims of third parties to the Principal Buyer for any such nuisance as may arise at the site. 8.8 9.8 The Contractor shall not do any work for third parties on the BASF sitesBuyer’s site, unless it has been given express permission for this from by the Purchasing department located on the site of BASF in 0000 Xxxxxxx, Xxxxxxxxxxx 000.Buyer

Appears in 2 contracts

Samples: General Purchase Conditions, General Purchase Conditions

Performance of the Work. 8.1 The 8.1. Contractor undertakes to comply shall perform the Work in a workmanlike manner and in strict accordance with its obligations concerning the health or safety requirements of the employees in Contract Documents and any applicable Rules. To the performance of extent there is a conflict between the work which are specific to the Principal. This also refers to all the provisions of the health, safety Contract Documents or Work instructions and environmental regulations for work on the relevant site of the Principal (as available on xxx.xxxx.xx) and also, if appropriate, the provisions of the specifications which apply to work contracted in certain plants of the Principal. The Contractor acknowledges that he is familiar with these provisions. In additionany applicable Rules, the Contractor shall discuss such conflicts with Telgian prior to proceeding with those portions of the Work in conflict. 8.2. The Contractor shall proceed with assigned Work in a prompt and diligent manner to assure strict compliance with the scheduled completion date as stipulated on the Telgian Work Order. 8.3. Contractor agrees to cooperate with Telgian, owner, and other contractors and shall not interfere with the performance of work by others or the Owner’s business operations. 8.4. Contractor shall require all persons performing Work at the Job Site to comply with the Agreement, all the applicable statutory rules, policies and administrative provisions, including with respect to technology, quality, health, safety procedures established by Telgian (“Telgian Policies and environmentProcedures”), and must possess all Telgian Customer or other Job Site specific or customer specific personnel, facility, safety, and security rules and requirements. 8.5. Consistent with the necessary internal permits above, Contractor shall take all measures to prevent injury and loss to persons or property including ensuring proper safety/ OSHA or other certifications of employees or subcontractors when such persons operate Telgian or Telgian Customer provided equipment such as lifts, ladders, tools, and the like when performing work. 8.6. Unless directed by Telgian in the Work Order, the Contractor shall provide all engineering, surveying and coordination required for accurately locating and laying out the Work and will coordinate the Work to ensure the proper fitting, meeting and joining of all components. 8.7. Contractor shall verify all dimensions and measurements and will immediately report any discrepancies or errors to Telgian in writing. 8.8. Contractor shall prepare and submit to Telgian at such times as appropriate or when directed by Telgian all required administrative, technical and product submittals. 8.9. Contractor shall reimburse Telgian for the cost of Telgian provided equipment such as lifts, jacks, power tools should the provider fail to report for duty, notwithstanding reasons outside of the PrincipalContractor’s control. 8.10. Contractor shall notify Telgian immediately from the Job Site of any condition(s) adversely impacting Work completion and if required, request additional authorization. 8.11. Contractor shall clean up, remove from the Job Site and properly dispose all of the Contractor’s waste materials and refuse. If the Contractor fails to comply with the above-mentioned obligations, or to do so satisfactorily, Telgian may undertake the Principal shall have cleanup work with its own resources and the right to take the necessary measures itself, at Contractor’s expense. 8.2 The Contractor has the exclusive power, command and control over its personnel. The Contractor guarantees that all instructions given to him will be passed on to all its employees, its contractors and their employees and those of any of their subcontractors. 8.3 The Contractor shall provide an experienced and expert site manager who will also ensure smooth progress of the works on the site. This site manager must be present or available full-time and must at any time be able to provide a list of staff members present on the site. He must have the necessary authority and skills, in terms of both organization, management and supervision of the work and of the staff and with respect to health and safety. Staff supervising the work expenses thereof shall be present in sufficient numbers and shall be able charged to communicate fluently with both the workers and the Principal. The site manager will pass on all instructions given to him by the Principal to all the employees of the Contractor, its contractors and their employees and those of any of their subcontractors. 8.4 The Principal always retains an unlimited right of access to the site and all plants erected on it. 8.5 The Principal reserves the right, when dangerous situations are identified which the Contractor cannot rectify itself at that time and which require immediate intervention, to take the necessary measures itself to rectify this at the Contractor’s expense. 8.6 The Contractor may only erect its plant and equipment at the locations indicated by the Principal. The works may not obstruct either the organization of the work or the operational plants belonging to the Principal. 8.7 The works are mostly carried out simultaneously with several other contractors and departments of the Principal. The Contractor shall be obliged to assist in the co-ordination and co- operation with other contractors of the Principal. The site manager of Contractor will for this purpose attend the co- ordination meetings as often as the work requires him to do so. The Contractor will perform its work in such a way that other contractors and professional services of the Principal will not be hindered or will not suffer any damage therefrom. The Contractor will see to it that any and all necessary notifications and arrangements will be taken care of in time and to a sufficient extent. The Contractor will indemnify the Principal against any claims of third parties to the Principal for any such nuisance as may arise at the site. 8.8 The Contractor shall not do any work for third parties on the BASF sites, unless it has been given express permission for this from the Purchasing department located on the site of BASF in 0000 Xxxxxxx, Xxxxxxxxxxx 000.

Appears in 1 contract

Samples: Master Service Agreement

Performance of the Work. 8.1 The 8.1. Contractor undertakes to comply shall perform the Work in a workmanlike manner and in strict accordance with its obligations concerning the health or safety requirements of the employees in Contract Documents and any applicable Rules. To the performance of extent there is a conflict between the work which are specific to the Principal. This also refers to all the provisions of the health, safety Contract Documents or Work instructions and environmental regulations for work on the relevant site of the Principal (as available on xxx.xxxx.xx) and also, if appropriate, the provisions of the specifications which apply to work contracted in certain plants of the Principal. The Contractor acknowledges that he is familiar with these provisions. In additionany applicable Rules, the Contractor shall discuss such conflicts with Telgian prior to proceeding with those portions of the Work in conflict. 8.2. The Contractor shall proceed with assigned Work in a prompt and diligent manner to assure strict compliance with the scheduled completion date as stipulated on the Telgian Work Order. 8.3. Contractor agrees to cooperate with Telgian, owner, and other contractors and shall not interfere with the performance of work by others or the Owner’s business operations. 8.4. Contractor shall require all persons performing Work at the Job Site to comply with the Agreement, all the applicable statutory rules, policies and administrative provisions, including with respect to technology, quality, health, safety procedures established by Telgian (“Telgian Policies and environmentProcedures”), and must possess all Telgian Customer or other Job Site specific or customer specific personnel, facility, safety, and security rules and requirements. 8.5. Consistent with the necessary internal permits above, Contractor shall take all measures to prevent injury and loss to persons or property including ensuring proper safety / CCOHS or other certifications of employees or subcontractors when such persons operate Telgian or Telgian Customer provided equipment such as lifts, ladders, tools, and the like when performing work. 8.6. Unless directed by Telgian in the Work Order, the Contractor shall provide all engineering, surveying and coordination required for accurately locating and laying out the Work and will coordinate the Work to ensure the proper fitting, meeting and joining of all components. 8.7. Contractor shall verify all dimensions and measurements and will immediately report any discrepancies or errors to Telgian in writing. 8.8. Contractor shall prepare and submit to Telgian at such times as appropriate or when directed by Telgian all required administrative, technical and product submittals. 8.9. Contractor shall reimburse Telgian for the cost of Telgian provided equipment such as lifts, jacks, power tools should the provider fail to report for duty, notwithstanding reasons outside of the PrincipalContractor’s control. 8.10. Contractor shall notify Telgian immediately from the Job Site of any condition(s) adversely impacting Work completion and if required, request additional authorization. 8.11. Contractor shall clean up, remove from the Job Site and properly dispose all of the Contractor’s waste materials and refuse. If the Contractor fails to comply with the above-mentioned obligations, or to do so satisfactorily, Telgian may undertake the Principal shall have cleanup work with its own resources and the right to take the necessary measures itself, at Contractor’s expense. 8.2 The Contractor has the exclusive power, command and control over its personnel. The Contractor guarantees that all instructions given to him will be passed on to all its employees, its contractors and their employees and those of any of their subcontractors. 8.3 The Contractor shall provide an experienced and expert site manager who will also ensure smooth progress of the works on the site. This site manager must be present or available full-time and must at any time be able to provide a list of staff members present on the site. He must have the necessary authority and skills, in terms of both organization, management and supervision of the work and of the staff and with respect to health and safety. Staff supervising the work expenses thereof shall be present in sufficient numbers and shall be able charged to communicate fluently with both the workers and the Principal. The site manager will pass on all instructions given to him by the Principal to all the employees of the Contractor, its contractors and their employees and those of any of their subcontractors. 8.4 The Principal always retains an unlimited right of access to the site and all plants erected on it. 8.5 The Principal reserves the right, when dangerous situations are identified which the Contractor cannot rectify itself at that time and which require immediate intervention, to take the necessary measures itself to rectify this at the Contractor’s expense. 8.6 The Contractor may only erect its plant and equipment at the locations indicated by the Principal. The works may not obstruct either the organization of the work or the operational plants belonging to the Principal. 8.7 The works are mostly carried out simultaneously with several other contractors and departments of the Principal. The Contractor shall be obliged to assist in the co-ordination and co- operation with other contractors of the Principal. The site manager of Contractor will for this purpose attend the co- ordination meetings as often as the work requires him to do so. The Contractor will perform its work in such a way that other contractors and professional services of the Principal will not be hindered or will not suffer any damage therefrom. The Contractor will see to it that any and all necessary notifications and arrangements will be taken care of in time and to a sufficient extent. The Contractor will indemnify the Principal against any claims of third parties to the Principal for any such nuisance as may arise at the site. 8.8 The Contractor shall not do any work for third parties on the BASF sites, unless it has been given express permission for this from the Purchasing department located on the site of BASF in 0000 Xxxxxxx, Xxxxxxxxxxx 000.

Appears in 1 contract

Samples: Master Services Agreement

Performance of the Work. 8.1 The Contractor undertakes to comply with its obligations concerning 9.1 Subcontractor represents it is a sophisticated contractor which possesses a high level of experience and expertise in the health or safety business administration, construction and supervision of work of the employees size, complexity and nature of the Work and will perform the Work with the care, skill and diligence of such a contractor, and Subcontractor shall use Subcontractor’s best skills, efforts, and judgment in the performance of the work which are specific Work. Subcontractor shall perform the Work in a good and workmanlike manner strictly in accordance with the Subcontract Documents. Subcontractor shall perform the Work under the general direction of Contractor and to the Principalsatisfaction of Contractor, Architect, and Owner; provided, however, Subcontractor shall not thereby be relieved of Subcontractor’s duty to supervise Subcontractor’s Work or to perform the Work in accordance with the Subcontract Documents. This also refers to all the provisions In performance of the healthWork, safety and environmental regulations for work on the relevant site of the Principal (as available on xxx.xxxx.xx) and also, if appropriate, the provisions of the specifications which apply to work contracted in certain plants of the Principal. The Contractor acknowledges that he is familiar with these provisions. In addition, the Contractor shall comply with all the applicable statutory and administrative provisions, including with respect to technology, quality, health, safety and environment, and must possess the necessary internal permits of the Principal. If the Contractor fails Subcontractor agrees to comply with Contractor’s Stipulations. Contractor’s Stipulations are attached hereto as Exhibit C. 9.2 Subcontractor shall coordinate the aboveperformance of the Work with Owner, Contractor, and all others with whom coordination is necessary for completion of the Work and the Project including, but not limited to, all of Contractor’s other subcontractors and suppliers, all governmental authorities and agencies with jurisdiction over the Project, and any and all third-mentioned obligationsparties impacted by the Project. As part of its duty to coordinate, Subcontractor shall take all possible precautions to protect its Work and the work, materials, and supplies of Contractor any other subcontractor or to do so satisfactorilytradesmen working on the Project. To the extent Subcontractor damages its Work or the work of others, Subcontractor shall be responsible for the Principal correction of the same by performance of the necessary corrective work or by paying therefor. Contractor shall have the right to take deduct the cost of any necessary measures itselfcorrective work from any amounts due Subcontractor under this Subcontract Agreement or any other agreement in place between Contractor and Subcontractor. 9.3 Subcontractor shall be responsible for the accurate layout of Subcontractor’s work and, also, shall be responsible for dimensions related to items of the Work and shall make any corrections or changes to dimensions to make the Work properly fit and result in the perfect alignment of finished surfaces, at no additional cost and within the Subcontract Price. Subcontractor shall be responsible for the accuracy of Subcontractor’s work and for any loss or damage caused by Subcontractor’s failure to properly set out, layout, measure, or otherwise perform the Work correctly. 9.4 Subcontractor shall provide quality materials and workmanship conforming to the Subcontract Documents and good industry practices and shall make the Work available for observation and inspection at Contractor’s expenseor Owner’s request. Within twenty-four (24) hours after receiving written notice from Contractor, Architect, and/or Owner, Subcontractor shall proceed to take down and remove all portions of the Work which Contractor, Architect, and/Owner shall have condemned as unsound, improper, or in any way failing to conform with the Subcontract Documents; and Subcontractor shall redo or perform the Work in a proper and satisfactory manner and to make good all Work and all other portions/items of the Project damaged or destroyed thereby. Contractor’s, or another’s, failure to discover and notify Subcontractor of a defective or non-conforming portion of the Work, at the time the Work or any portion thereof is performed or completed, shall not relieve Subcontractor of its responsibility for redoing or replacing the defective or non-conforming Work and all damages resulting therefrom. Should Owner elect to accept defective or non- conforming Work, Contractor may require an appropriate and equitable adjustment in the Subcontract Price. 8.2 The 9.5 If Subcontractor encounters conditions at the Project that are (a) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Subcontract Documents and, consequently, impact Subcontractor’s performance of the Work or (b) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Subcontract Documents and, consequently, impact Subcontractor’s performance of the Work, Subcontractor shall promptly provide notice to Contractor has before the exclusive power, command conditions are disturbed and control over its personnelin no event shall such notice be provided later than three (3) calendar days after Subcontractor first encounters/observes the conditions. The Contractor guarantees that all instructions given to him will be passed on to all its employees, its contractors and their employees and those of any of their subcontractors. 8.3 The Contractor shall promptly investigate such conditions reported to Contractor and shall provide an experienced and expert site manager who will also ensure smooth progress Subcontractor instruction as to how to proceed with performance of the works on Work. Should Subcontractor fail to report differing conditions as required by this Section 9.5, Subcontractor shall have no claim or right of recovery or redress against Contractor related to the site. This site manager must be present or available full-time same; Subcontractor’s failure to report the differing conditions constituting a waiver by Subcontractor, and must at any time be able to provide a list of staff members present on Subcontractor shall accept full responsibility and liability for and all risk associated with the site. He must have the necessary authority and skills, in terms of both organization, management and supervision continued performance of the work and of the staff and with respect to health and safety. Staff supervising the work shall be present in sufficient numbers and shall be able to communicate fluently with both the workers and the Principal. The site manager will pass on all instructions given to him by the Principal to all the employees of the Contractor, its contractors and their employees and those of any of their subcontractorsWork. 8.4 The Principal always retains an unlimited right of access to the site and all plants erected on it. 8.5 The Principal reserves the right, when dangerous situations are identified which the Contractor cannot rectify itself at that time and which require immediate intervention, to take the necessary measures itself to rectify this at the Contractor’s expense. 8.6 The Contractor may only erect its plant and equipment at the locations indicated by the Principal. The works may not obstruct either the organization of the work or the operational plants belonging to the Principal. 8.7 The works are mostly carried out simultaneously with several other contractors and departments of the Principal. The Contractor shall be obliged to assist in the co-ordination and co- operation with other contractors of the Principal. The site manager of Contractor will for this purpose attend the co- ordination meetings as often as the work requires him to do so. The Contractor will perform its work in such a way that other contractors and professional services of the Principal will not be hindered or will not suffer any damage therefrom. The Contractor will see to it that any and all necessary notifications and arrangements will be taken care of in time and to a sufficient extent. The Contractor will indemnify the Principal against any claims of third parties to the Principal for any such nuisance as may arise at the site. 8.8 The Contractor shall not do any work for third parties on the BASF sites, unless it has been given express permission for this from the Purchasing department located on the site of BASF in 0000 Xxxxxxx, Xxxxxxxxxxx 000.

Appears in 1 contract

Samples: Subcontract Agreement

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Performance of the Work. 8.1 9.1 The Contractor undertakes to comply with its obligations concerning the health or safety of the employees in the performance of the work which are specific to the Principal. This also refers to all the provisions of the health, safety and environmental regulations for work on the relevant site of the Principal (as available on xxx.xxxx.xx) and also, if appropriate, the provisions of the specifications which apply to work contracted in certain plants of the Principal. The Contractor acknowledges that he is familiar with these provisions. In addition, the Contractor shall comply with all the applicable statutory and administrative provisions, including with respect to technology, quality, health, safety and environment, and must possess the necessary internal permits of the Principal. If the Contractor fails to comply with the above-mentioned obligations, or to do so satisfactorily, the Principal shall have the right to take the necessary measures itself, at Contractor’s expense. 8.2 9.2 The Contractor has the exclusive power, command and control over its personnel. The Contractor guarantees that all instructions given to him will be passed on to all its employees, its contractors and their employees and those of any of their subcontractors. 8.3 9.3 The Contractor shall provide an experienced and expert site manager who will also ensure smooth progress of the works on the site. This site manager must be present or available full-time and must at any time be able to provide a list of staff members present on the site. He must have the necessary authority and skills, in terms of both organization, management and supervision of the work and of the staff and with respect to health and safety. Staff supervising the work shall be present in sufficient numbers and shall be able to communicate fluently with both the workers and the Principal. The site manager will pass on all instructions given to him by the Principal to all the employees of the Contractor, its contractors and their employees and those of any of their subcontractors. 8.4 9.4 The Principal always retains an unlimited right of access to the site and all plants erected on it. 8.5 9.5 The Principal reserves the right, when dangerous situations are identified which the Contractor cannot rectify itself at that time and which require immediate intervention, to take the necessary measures itself to rectify this at the Contractor’s expense. 8.6 9.6 The Contractor may only erect its plant and equipment at the locations indicated by the Principal. The works may not obstruct either the organization of the work or the operational plants belonging to the Principal.not 8.7 9.7 The works are mostly carried out simultaneously with several other contractors and departments of the Principal. The Contractor shall be obliged to assist in the co-ordination and co- operation with other contractors of the Principal. The site manager of Contractor will for this purpose attend the co- ordination meetings as often as the work requires him to do so. The Contractor will perform its work in such a way that other contractors and professional services of the Principal will not be hindered or will not suffer any damage therefrom. The Contractor will see to it that any and all necessary notifications and arrangements will be taken care of in time and to a sufficient extent. The Contractor will indemnify the Principal against any claims of third parties to the Principal for any such nuisance as may arise at the site. 8.8 9.8 The Contractor shall not do any work for third parties on the BASF sites, unless it has been given express permission for this from the Purchasing department located on the site of BASF in 0000 Xxxxxxx2040 Antwerp, Xxxxxxxxxxx 000Scheldelaan 600.

Appears in 1 contract

Samples: General Contract Terms

Performance of the Work. 8.1 (a) The Contractor undertakes Vendor shall carry out and complete the work set forth in "Scope of Work" (the "Work") to comply the satisfaction of Metrolinx in accordance with its obligations concerning all the health or safety terms of this Contract.‌ (b) The Vendor shall supply the Work diligently and continuously in accordance with the scheduling requirements set out in the Project Schedule. Without limiting the generality of the employees foregoing, the Vendor shall perform the Work so as to enable Metrolinx to meet any timelines imposed on it under any Third Party Contracts, provided that such timelines have been identified in the performance Project Schedule or otherwise expressly communicated to the Vendor. (c) The Vendor acknowledges and agrees that each of the work which are specific Vendor's Personnel shall be available to perform the Work in accordance with the required duration specified in Schedule E - Vendor Personnel. The Vendor further acknowledges and agrees that Metrolinx may, acting in its sole discretion, change the schedule including in respect of the timing of the provision of the Work and availability and number of the Vendor's Personnel. Without limiting the generality of the foregoing, Metrolinx may from time to time, on prior written notice to the Principal. This also refers Vendor twenty (20) Business Days', unilaterally extend or reduce the required duration with respect to all the provisions availability of any of the healthVendor's Personnel or direct the Vendor to increase the number of Vendor's Personnel available. Metrolinx and the Vendor shall meet at a minimum, safety and environmental regulations for work on a quarterly basis to discuss the relevant site progress of the Principal Work and the anticipated scheduling needs with respect to the Vendor's Personnel. (d) Metrolinx may, from time to time, in its sole discretion, but is not required to, direct the Vendor to cause specific Vendor Personnel to perform certain tasks or activities that form part of the Work in accordance with the scheduling requirements provided by Metrolinx. Any such instructions shall be provided by Metrolinx in writing to the Vendor no less than five (5) Business Days before the specified tasks or activities are required to be performed by the Vendor Personnel. (e) The Vendor shall provide, at the sole cost and expense of the Vendor, save as available on xxx.xxxx.xxotherwise provided in this Contract, all necessary equipment, goods, materials, analysis, transportation, accommodation, labour, staff and technical assistance and incidentals required in performing the Work and to undertake, perform and complete its undertakings, obligations and responsibilities provided for in this Contract. (f) The Work shall be provided in a professional, timely and also, if appropriateeconomical manner according to the Required Standard of Care. Without limitation, the provisions of Vendor shall ensure that the specifications which apply to work contracted Work are conducted in certain plants of a manner that will maintain good relations with the Principal. general public and property owners. (g) The Contractor acknowledges that he is familiar with these provisions. In addition, the Contractor Vendor shall comply with and conform to all Applicable Laws, applicable to the applicable statutory and administrative provisions, including with respect Work to technology, quality, health, safety and environmentbe provided by, and must possess the necessary internal permits responsibilities and obligations of, the Vendor under this Contract. (h) The Vendor shall not alter any part of the Principal. If the Contractor fails to comply a Joint Venture except with the above-mentioned obligations, or to do so satisfactorily, the Principal shall have the right to take the necessary measures itself, at Contractor’s expenseprior written consent of Metrolinx in its sole discretion. 8.2 The Contractor has the exclusive power, command and control over its personnel. The Contractor guarantees that all instructions given to him will be passed on to all its employees, its contractors and their employees and those of any of their subcontractors. 8.3 The Contractor shall provide an experienced and expert site manager who will also ensure smooth progress of the works on the site. This site manager must be present or available full-time and must at any time be able to provide a list of staff members present on the site. He must have the necessary authority and skills, in terms of both organization, management and supervision of the work and of the staff and with respect to health and safety. Staff supervising the work shall be present in sufficient numbers and shall be able to communicate fluently with both the workers and the Principal. The site manager will pass on all instructions given to him by the Principal to all the employees of the Contractor, its contractors and their employees and those of any of their subcontractors. 8.4 The Principal always retains an unlimited right of access to the site and all plants erected on it. 8.5 The Principal reserves the right, when dangerous situations are identified which the Contractor cannot rectify itself at that time and which require immediate intervention, to take the necessary measures itself to rectify this at the Contractor’s expense. 8.6 The Contractor may only erect its plant and equipment at the locations indicated by the Principal. The works may not obstruct either the organization of the work or the operational plants belonging to the Principal. 8.7 The works are mostly carried out simultaneously with several other contractors and departments of the Principal. The Contractor shall be obliged to assist in the co-ordination and co- operation with other contractors of the Principal. The site manager of Contractor will for this purpose attend the co- ordination meetings as often as the work requires him to do so. The Contractor will perform its work in such a way that other contractors and professional services of the Principal will not be hindered or will not suffer any damage therefrom. The Contractor will see to it that any and all necessary notifications and arrangements will be taken care of in time and to a sufficient extent. The Contractor will indemnify the Principal against any claims of third parties to the Principal for any such nuisance as may arise at the site. 8.8 The Contractor shall not do any work for third parties on the BASF sites, unless it has been given express permission for this from the Purchasing department located on the site of BASF in 0000 Xxxxxxx, Xxxxxxxxxxx 000.

Appears in 1 contract

Samples: Contract for Snow and Ice Removal

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