Principal's Obligation. The Principal shall provide the following facilities and services to Contractor for smooth Catering and other allied Housekeeping operation at each of the Vessels:
a. Furnish at its expenses the kitchen, including all dishes, plots, pans and silverware, dining and living quarters, including showers and latrines, adequately equipped with such appliances as are reasonably necessary to enable contractor to provide the services described herein including refrigerators, oven range, electric bench mixer, ice cream making machine, ice making machine, soft drink dispenser, milk machine and other permanent equipment of a similar nature required by Contractor for rendering services under this agreement.
b. Mechanical maintenance work required to maintain the equipment in the kitchen, dining and living quarters, including showers and latrines, in good working order and repair and electricity, water and fuel reasonably necessary for the efficient and proper operation of the kitchen, dining and living quarters, including showers and latrines.
c. Furnish at its expenses, laundry and house keeping heavy equipment/fixed installations which will be required for normal day to day house keeping /janitorial operation such as washing machine, tumble dryer, vacuum cleaner, iron boards, steam iron and other necessary equipments.
d. The Principal shall compensate the Contractor for any loss or damage caused by mechanical or electrical failure of storage facilities or equipment resulting in spoilage of provision and stores. The list of spoilage shall be certified by the designated Principal’s Representatives on the Vessels and shall be reimbursed at costs to Contractor along with the monthly billing.
e. Provide an initial stock of crockery, cutlery, glassware, service ware, galley utensils, pots and pans and linens such as bed sheets, pillow, pillow covers, mattresses, towels etc. with a sufficient buffer stock adequate for designated persons on the Vessels for the entire duration of the agreement, including replenishments.
f. Be responsible for the provision of potable water, electricity, fuel, sewage treatment and garbage disposal facilities.
g. Be responsible for the maintenance of paint and equipment to enable Caterer to provide satisfactory services together with an adequate initial inventory of consumables.
h. Provide reasonable use of the communication facilities e.g. radio, telephone, telex and fax to enable Caterer to perform the required services.
i. Provide on site medi...
Principal's Obligation to enforce rights against the Contractor
(a) The Principal and the Participants acknowledge and agree that if a Participant has incurred Loss arising from the Contractor’s breach of the Waste Services Agreement or the Direct Deed or the Financiers’ breach of the Direct Deed and for which the Principal would be entitled to be compensated for by the Contractor or the Financier, as the case may be, then:
(i) the Participant must notify the Principal of such Loss (if the Principal is not already aware of the Participant’s claim);
(ii) upon such notification (and subject to the relevant expenditure being approved in accordance with this paragraph below), the Participant may request and, if requested, the Principal must take all steps lawfully available to it to enforce its rights under the Waste Services Agreement and the Direct Deed to recover the relevant compensation from the Contractor or the Financiers or ensure performance of the relevant obligations under the Waste Services Agreement and the Direct Deed by the Contractor and the Financiers (as the case may be), in each case at the Participant’s cost (provided that such costs must be reasonably incurred or approved by the Participant before expenditure);
(iii) to the extent the Principal recovers any such compensation from the Contractor or the Financiers in respect of the Loss of the Participant following a notice and request under Clause 9.5(a)(ii), it will pay such compensation to the Participant, less any costs owing to the Principal for pursuing the action; and
(iv) if there is more than one Participant that has suffered Loss arising out of the subject matter of the action taken by the Principal under Clause 9.5(a)(ii), the distribution of compensation under Clause 9.5(a)(iii) is proportionate on the basis that the Participant’s Loss bears to the whole of the Loss suffered by the Participants who gave notice and a request under Clause 9.5(a)(ii).
(b) Notwithstanding Clause 9.5(a) or any other provision of this Agreement the Waste Services Agreement or the Direct Deed, the Principal’s liability to all of the Participants (in aggregate) for an act or omission of the Contractor under the Waste Services Agreement or the Direct Deed or the Financiers under the Direct Deed (including any liability of the Principal to pay compensation to the Participant under Clause 9.5(a)(iii)) is limited to the amount that the Principal recovers from the Contractor in respect of the relevant act or omission. The Principal...
