Performance of the Works. 7.1 The Contractor shall perform the Works in accordance with:
(a) Prudent Engineering and Construction Practice (including in the international maritime and oil and gas industries);
(b) the requirements of the Classification Society;
(c) the Specifications;
(d) Applicable Laws;
(e) the rules, regulations and requirements of the Regulatory Body as at the Date of Agreement; and
(f) any other requirements of this Agreement.
7.2 Without prejudice to the generality of Article 7.1 (Performance of the Works), the Contractor shall be responsible for the conduct of the Works and shall:
(a) provide suitably qualified and competent personnel; and
(b) to the extent not otherwise expressly provided for:
(i) in this Agreement, perform the Works in a manner consistent with relevant International Standards (which shall be selected by the Contractor); and
(ii) in the GIMI Topsides Agreement, procure that the Sub-Contractor performs the Sub-Contract Works in a manner consistent with International Standards (which shall be selected by the Sub-Contractor);
(c) be responsible for the adequacy of the HSSE standards in accordance with the HSSE Plan (to the extent applicable to the Works) that is to be implemented in connection with the performance of the Works.
7.3 The Sub-Contractor shall perform the Sub-Contract Works. The Owner shall co-operate with the Contractor in the efficient and timely performance of this Agreement and the GIMI Topsides Agreement so as to avoid any unnecessary cost or expense to the Contractor and any unnecessary impact on the Works.
7.4 The Owner recognises and accepts that the Contractor is reliant on the Owner-nominated Sub-Contractor for the performance of the Sub-Contract Works and does not have the capability to perform the Sub-Contract Works itself. It is the intention of the Parties that the Contractor does not undertake any of the obligations of the Sub-Contractor under the GIMI Topsides Agreement, but that the Works shall include but not be limited to the management and co-ordination of the Sub-Contract Works, including expediting the Sub-Contractor and the assembly, installation and integration of the Equipment in accordance with Prudent Engineering and Construction Practice.
7.5 All equipment and materials supplied by the Contractor in the performance of its obligations under this Agreement shall be new and unused (unless agreed otherwise), originally manufactured with certificates of quality and of the Classification Society where normally...
Performance of the Works. 8.1 The Contractor shall deliver to the Principal, within 20 (twenty) Working Days of the date on which this Contract is executed, two copies of the Executive Project for the System, one on paper and one using editable software, for the Principal’s approval.
8.2 Within 10 (ten) days from the Executive Project’s delivery date to the Principal, pursuant to Article 8.1 foregoing hereto, the Principal shall provide the Contractor with his consent or his remarks and/or proposals for amendment and integration which are necessary in order to bring into line the Executive Project with the Decree Law and the Technical Specifications. The Contractor shall undertake, at his own expense and without this constituting a reason for requesting any variations to the Consideration, to amend the Executive Project in compliance with the Principal’s proposals. The amended/integrated Executive Project shall be delivered to the Principal within the following 10 (ten) Working Days, in order to obtain his approval, provided that in the following 10 (ten) days the Principal shall communicate his decisions to the Contractor.
8.3 Once the Executive Project has been approved by the Principal, the latter shall provide the Contractor with a written communication (the “Communication of the Executive Project’s Approval”), and the Parties shall meet within 7 (seven) days of the Contractor’s receipt of said communication, in order to proceed with the delivery of the Area to the Contractor. On delivery of the Area, as a condition to allow the Start of Works, the Contractor shall provide the Principal with evidence that he has entered into the insurances provided under Article 15, in accordance with the terms thereof.
8.4 After delivery of the Area, the Contractor shall set up the site and commence the Start of Works for the System.
Performance of the Works. The Grantor applies to the Concessionaire the penalties for breaches pertaining to the execution of the works set forth in Article 30 of the Master Agreement.
6.1 Procedure for applying penalties
Performance of the Works. 11.1 The Customer shall be responsible for obtaining all Consents and will provide copies of such Consents to Citywide upon request. Citywide shall provide reasonable assistance to the Customer in obtaining Consents (if required) at an hourly rate of $105 plus GST. Where any Consent is refused, the Customer will be liable for all costs incurred by Citywide up to the point of refusal and Citywide may delay performance of the Works until such time that the Consent is obtained.
11.2 Citywide may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in this Agreement.
11.3 Any time specified by Citywide for delivery of the Works is an estimate only and Citywide will not be liable for any loss or damage incurred by the Customer as a result of delivery being late.
Performance of the Works.
4.1. In performing the Works or contracting for the Works to be performed the Grantee must:
(a) ensure that the Project is performed in accordance with the standards required by any relevant authorities;
(b) obtain and comply with all approvals necessary to have the Works performed lawfully and to enable the Property to be used for the Designated Use;
(c) comply with all statutory requirements, including without limitation, statutory requirements relating to workplace health, safety and rehabilitation and protection of the environment;
(d) ensure that the Works are performed to a standard which enables the Property to meet any applicable standards under the Act, including the standards and accreditation of residential care services;
(e) ensure that the Works are carried out in a proper and competent manner;
(f) ensure that the Works are performed in accordance with the Project Timetable;
(g) ensure that the Works are carried out in accordance with the requirements of the Building Code of Australia and all relevant standards of Standards Australia;
(h) ensure that all materials used for the Works are fit for their purpose; and
(i) otherwise comply strictly with the terms and conditions of these Conditions.
Performance of the Works. (a) The Contractor represents and warrants to Horizon Power that the Contractor:
(1) will, at all times, ensure that the Contractor is suitably qualified and experienced, and the Contractor exercises the skill, care and diligence expected of a contractor in carrying out the work of a nature similar to the Works;
(2) subject to clause 6, will engage and retain subcontractors who are suitably qualified and experienced and must coordinate the activities of the subcontractors so that the Works are performed and completed in a proper and workmanlike manner and in accordance with the Contract;
(3) will be responsible for any damage to the Customer’s property;
(4) will, and ensure that any and all subcontractors or other persons engaged in the provision of the Works will, comply with all work health and safety Laws and Horizon Power’s work health and safety requirements as set out in Annexure 1;
(5) will perform and complete the Works so that the Works are in accordance with all Laws; and
(6) will carry out the Works in accordance with Good Industry Practice and compliance with relevant Australian standards and codes.
(b) At any time during the term of this Contract:
(1) a Customer may request the Contractor to give a quote for the Works to the Customer;
(2) within 5 Business Days of a request, the Contractor must give notice to the Customer as to whether the Contractor can give the Customer a quote;
(3) if the Contractor notifies the Customer that the Contractor can give a quote, within 15 Business Days of the notice, the Contractor must attend the Customer’s premises and provide the Customer with a written quote for performance of the Works which includes the Contract Price and the timeframe for performance of the Works (Customer Quote). The Customer Quote must be open and available for acceptance for a period of 60 days; and
(4) if the Customer accepts the Customer Quote, the Contractor and the Customer must enter into the Contractor’s Trade Terms, or terms substantially similar to the Contractor’s Trade Terms, (Customer Contract) and the Contractor must perform the Works at its own cost and risk and in accordance with the time agreed between the Contractor and the Customer. The Contractor acknowledges that if the Contractor does not commence or complete performance of the Works within the timeframe as agreed with the Customer, the Customer may terminate the Customer Contract with immediate effect and the Customer may engage another contractor to perform the W...
Performance of the Works a. Commencing no later than the Commencement Date, CONTRACTOR shall perform the Works pursuant to and in accordance with Schedule 2 (Scope of Works). The activities of CONTRACTOR related to its performance of the Works shall be limited solely to those duties and obligations set forth in Schedule 2 (Scope of Works).
b. The Works will be performed in Segments and each Segment of the Works will be accepted independently upon completion of the Segment in accordance with the procedures set forth in Section 3.7 below. The Segments of the Works may be performed simultaneously.
c. At the written request of either Party and under the terms of a separate Change Order and if both CONTRACTOR and CLIENT agree to the terms of the Change Order, CONTRACTOR will perform additional Works which are not detailed in this Agreement.
Performance of the Works. 4.1 Where the Services required by the Buyer include any installation or restoration work then, unless specifically set out in the Quotation, the provision of the Services shall exclude:
a) the provision of utility supplies (including but not limited to electricity and water);
b) the moving, repositioning, adjusting or alteration of any property or equipment belonging to or in the possession of the Buyer;
c) interface with other equipment;
d) cranage or transport; and
e) any other work not detailed in the Quotation.
4.2 The Seller shall carry out the specified works and any agreed additional works in a good and xxxxxxx like manner by trained representatives of the Seller using materials and workmanship of the quality and standard specified.
4.3 The Buyer will be required to provide assistance and supplies reasonably requested by the Seller or its representatives to facilitate the Works.
4.4 All material brought to site shall remain the property of the Seller (not withstanding their incorporation in the Works) until full payment is received.
4.5 Any time or date given by the Seller for the completion of the Works is for the Customer’s convenience only. No liability is accepted for late completion of the Works for any reason whatsoever and time of completion shall not be of the essence under the terms of this Agreement. The Seller shall use its best endeavours to ensure the Works are completed with reasonable time but shall not be liable in respect of any delay caused.
Performance of the Works. 5.1 Subject to clause 5.2, we will ensure that the Works start as soon as it is reasonably practicable.
5.2 In the event completion of the Works is or will be delayed by an event beyond our control, including but not limited to any failure by you to:
(a) make a selection of the Materials or Works (or any part thereof);
(b) have the Site ready for the Works; or
(c) notify us that the Site is ready for Works, We are entitled to an extension to the Completion Date by whatever time is reasonable to complete the Works. We will give you prior written notice of the extension.
5.3 We may perform the Works in separate instalments. In such cases, each separate instalment will be invoiced and must be paid in accordance with the terms and conditions of this Agreement.
5.4 Any time specified by us for the performance of the Works is an estimate only and we will not be liable for any loss or damage incurred by you as a result of performance of the Works being late. However, both parties agree that they shall make every endeavour to enable the Works to be performed at the time and place as was arranged between both parties. In the event that we are unable to perform the Works as agreed solely due to any action or inaction by you, then We are entitled to charge a reasonable fee for re-supplying the Works at a later time and date, and/or for storage of the Materials.
Performance of the Works. 4.1 Where the Services required by the Buyer include any installation or restoration work then, unless specifically set out in the Quotation, the provision of the Services shall exclude:
a) the provision of utility supplies (including but not limited to electricity and water);
b) the moving, repositioning, adjusting or alteration of any property or equipment belonging to or in the possession of the Buyer;
c) interface with other equipment;
d) cranage or transport; and
e) any other work not detailed in the Quotation.
4.2 The Seller shall carry out the specified works and any agreed additional works in a good and xxxxxxx like manner by trained representatives of the Seller using materials and workmanship of the quality and standard specified.
4.3 The Buyer will be required to provide assistance and supplies reasonably requested by the Seller or its representatives to facilitate the Works.
4.4 All material brought to site shall remain the property of the Seller (not withstanding their incorporation in the Works) until full payment is received.
4.5 Any time or date given by the Seller for the completion of the Works is additional price, carry out additional works upon receipt of a written request signed by the Customer stating the works required.
