Performance of Works. The Owner shall ensure that the performance of Works required as a result of this Agreement, whether by the Owner or its employees, servants or agents or its contractors or subcontractors, shall be so performed as not to constitute a nuisance or disturbance to abutting or nearby properties or the owners thereof. The Owner shall comply with and shall ensure that all of its contractors and subcontractors comply with any written instructions issued by the City concerning any such nuisance or disturbance regardless of whether such instructions require positive action or discontinuance of action.
Performance of Works. Before or upon the execution of this Contract, the Ship Owner shall furnish the Shipyard with specifications for the work (including alterations or modifications subsequently made by the Parties, hereinafter collectively referred to as the “Works”) and the key drawings (including but not limited to the docking plan, general arrangement, capacity plan and mid-ship section) and necessary technical data for the Works, and the Shipyard shall perform the Works in accordance with the provisions of this Contract and the usual work standards prevailing in the ship repair industry. If any alteration or modification of the Works is requested by either Party, the requesting Party shall promptly notify the other Party in writing and the Parties shall mutually decide whether such alteration or modification should be included into the Works. If any alteration or modification of the Works is agreed by the Parties, the Contract Price as defined in Clause 8 and the Working Period as defined in Clause 3.2 for the Works shall be adjusted accordingly. If the alteration or modification of the Works is necessary or indispensable to the performance of the Works, the Ship Owner shall not unreasonably withhold its consent to such alteration or modification as requested by the Shipyard. If the Ship Owner fails to give its consent to the alteration or modification of the Works within 2 days of its receipt of the notification of the same from the Shipyard, the Shipyard is entitled to suspend the Works and extend the Working Period accordingly and any extra expenses and losses incurred therefrom shall be paid by the Ship Owner. During the Working Period and with the Shipyard’s prior written consent, the Ship Owner is entitled to appoint qualified repair service providers other than the Shipyard (including but not limited to the Ship Owner itself, the master or the crew) to carry out any other relevant works to the Ship provided that such works are beyond the Shipyard’s capacity, but the Ship Owner shall advise the specific scope of such works to the Shipyard, remain responsible for all of such works. If such works interfere with or delay the progress of the Works, the Shipyard is entitled to extend the Working Period accordingly. The Shipyard is entitled to, before the commencement of the aforementioned works, refuse the service providers appointed by the Ship Owner with reasonable causes. If the Working Period is delayed due to the Shipyard’s unreasonable refusals, the Shipyard is no...
Performance of Works. (a) The Subcontractor warrants that it will carry out the Works in accordance with:
(i) this Contract;
(ii) all relevant Australian Standards;
(iii) all relevant Legislative Requirements and Policies; and
(iv) any reasonable direction given by the Contractor or its Personnel.
(b) The Contractor will supply Materials that are free from defects. The Subcontractor warrants it will carry out the Works:
(i) with suitably qualified and experienced Personnel;
(ii) to be fit for the purpose made known to the Subcontractor by the Contractor, or if none was made known to the Subcontractor, fit for the purposes for which Materials of that kind are ordinarily used;
(iii) in a good and workmanlike manner;
(iv) using the Materials supplied by the Contractor for the purposes made known to the Subcontractor; and
(v) in circumstances where the Subcontractor is to supply the relevant materials, it is to use the materials that are fit for the intended purpose.
(c) This Contract will supersede all previous communications and negotiations between the Contractor and the Subcontractor in relation to the Works and constitutes the entire terms of the agreement between the parties in relation to the Works.
(d) If any of the Works are performed by the Subcontractor prior to the formation of this Contract, those works will be subject to the terms of this Contract.
Performance of Works. 1. The Contractor shall perform the Subject of this Contract personally, unless it is necessary to engage subcontractors for its proper performance — however, in such case, the Contractor shall obtain the Employer's consent to subcontract the works. Such consent shall be granted prior to subcontracting and shall be made in writing under pain of nullity. The Contractor shall not bear any financial liability towards the subcontractor, which shall be ensured by the Contractor by submitting representations submitted by the subcontractors in writing. In the case of failure to submit the above-mentioned representation within 5 days from the date of notifying the intention to subcontract works, it is assumed that the Employer does not agree to the subcontracting.
2. The remuneration of the subcontractors shall be included in the lump sum remuneration referred to in §7 section 1. Any settlement of the Contractor with its subcontractors must be made only by the above-mentioned entities, excluding the Employer.
3. The Contractor shall be fully responsible to the Employer for the works performed by or with the use of the subcontractors and shall be liable for the actions and omissions of its subcontractors as for its own actions and omissions.
4. Should it turn out that, in connection with the performance of the Contract by the Contractor, a third party makes claims against the Employer, the Contractor represents that, upon notification by the Employer, it shall promptly proceed to clarify the matter and shall oppose such claims at its own expense and risk and shall settle all reasonable claims of third parties and, in the event of awarding such claims to be paid by the Employer, the Contractor shall reimburse the Employer for all claims and all related expenses and charges covered by it, including court costs and legal assistance costs.
5. The Parties agree that matters that do not require the simultaneous physical presence of representatives of both Parties in the Employer's registered office shall be agreed upon remotely through audiovisual or telephone conferences, telephone conversations or by electronic or traditional correspondence.
6. The Contractor is obliged to inform the Employer about the progress of work in the form of reports written in Polish or English once every two weeks. In addition, the Contractor undertakes to prepare a final written report on the performance of the Subject of the Contract in Polish or in bilingual version, in Polish and in Engli...
Performance of Works. 2.1. The Contractor undertakes to perform agreed:
2.1.1. Installation and configuration works, including applying for permits/notices required for the performance of installation and configuration works and preparation of technical documentation (hereinafter Installation works); and
2.1.2. application submission work (hereinafter Submission of Application). The Submission of Applications concerns the submission of applications which are expressly agreed on in the Contract and which are not necessary for the performance of Installation works. Installation work and Submission of Applications shall hereinafter be referred to collectively as Works.
2.2. Performance of Works includes, without limitation, the preparation of the technical documentation of the Works.
2.3. Works and the device or devices shall be deemed to be delivered to Customer at the moment both Parties have signed the written deed of delivery, unless stated otherwise in a specific clause.
2.4. Contractor shall prepare and present the written deed of delivery to Customer.
2.5. In the event Customer discovers deficiencies in the Works (including in technical documentation), the Customer shall have the right to submit a complaint to the Contractor prior to the signing of the written deed of delivery. The Contractor undertakes to remedy the deficiencies described in the complaint within a reasonable time. The Contractor shall submit a new written deed of delivery for signing after the elimination of deficiencies.
2.6. In the event Customer has not signed the deed of delivery within 3 working days after the submission of the deed of delivery by the Contractor and the Customer has not submitted any claims to the Contractor regarding the defects of the Work, the Work shall be considered automatically delivered to Customer.
2.7. In the event Customer impedes the performance of Works (including, without limitation, by breaching any of the obligations set forth in the Contract), the schedule for the performance of Works shall be considered extended with a respective time period it took for the Customer to eliminate the impediments.
2.8. The deadline for the Works agreed in the Contract main text is indicative and may change due to the deadline for the connection agreement to be concluded between the Customer and the network operator. The handover of the Works can take place after the network operator has connected the electrical installation to the network operator's network.
2.9. The Customer is oblige...
Performance of Works. 4.1 If the Contractor believes that there is a discrepancy or errors in the plans and the specifications, the Contractor must immediately advise the Builder of the same and seek clarification or instructions as to the rectification.
4.2 The Contractor agrees that in performing the Works, the Contractor must:
4.2.1 observe and comply with all applicable laws and legislation including where necessary, on behalf of the Builder;
4.2.2 exercise due care, skill and judgment at all times in accordance with the highest professional standards;
4.2.3 complete the Works in a timely manner;
4.2.4 promptly bring to the attention of the Builder, either verbally or in writing any issue that may have a material impact (whether reputational, legal or financial) on the completion of the Works, or the business of the Builder in general; and
4.2.5 comply with all reasonable and lawful directions or requirements of the Builder.
Performance of Works. All repairs, alterations, additions, or improvements shall be made upon notice to and under the supervision of AMR and will be performed in such a way as to maintain the character and quality of the Hotel.
Performance of Works. Before or upon the execution of this Contract, the Ship Owner shall furnish the Shipyard with specifications for the work (including alterations or modifications subsequently made by the Parties, hereinafter collectively referred to as the “Works”) and the key drawings (including but not limited to the docking plan, general arrangement, capacity plan and mid-ship section) and necessary technical data for the Works, and the Shipyard shall perform the Works in accordance with the provisions of this Contract and the usual work standards prevailing in the ship repair industry.
Performance of Works. On receipt of all necessary consents and approvals the Lessee shall complete the Works on the site at Schedule A to this approval (“the Site”):
Performance of Works. Persons performing work on Xxxxx's premises in pursuance of the contract must observe the respec- tive Buyer's provisions. Liability for accidents sustained by such persons on Xxxxx's premises is ex- cluded except to the extent caused by grossly negligent breach of duties by legal representatives or persons employed by Buyer in the performance of Xxxxx's duties. Buyer.
