Common use of Right of Access to the Site Clause in Contracts

Right of Access to the Site. The Employer shall, subject to any requirements set out in the Employer's Requirements, any requirements of the Port Authority, any Statutory Authority or the harbour master, give the Contractor right of access to and possession of, all parts of the Site within the time (or times) stated in the Appendix to Tender, or such other times as agreed between the parties as required for the Contractor to carry out and complete the Works in accordance with the Contract. The right and possession may not be exclusive to the Contractor. If, under the Contract, the Employer is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer shall do so in the time and manner stated in the Employer’s Requirements. However, the Employer may withhold any such right or possession until the Performance Security has been received. If no such time is stated in the Appendix to Tender, the Employer shall give the Contractor right of access to, and possession of, the Site within such times as may be required to enable the Contractor to proceed in accordance with the Contract. If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any such right or possession within such time, the Contractor shall give notice to the Engineer and shall be entitled to: (a) an extension of time for any such delay, if completion is or will be delayed, under sub-clause 8.4 [Extension of Time for Completion]; and (b) payment of any such Cost plus Profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with sub-clause 3.5 [Determinations] to agree or determine these matters. However, if and to the extent that the Employer's failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's Documents, the Contractor shall not be entitled to such extension of time, Cost or Profit. The Contractor (i) acknowledges that the Site is provided by the Employer to the Contractor under the Contract, for construction purposes; and (ii) hereby undertakes not to use the Site for any other purposes nor attempt to lease or sub-let the Site or any part thereof.

Right of Access to the Site. The Employer shall, subject to any requirements set out in the Employer's Requirements, any requirements of the Port Authority, any Statutory Authority or the harbour mastermaster and the terms of the Tenancy Agreement and the documents referred to therein, including the protocol of transfer and receipt (as referred to in the Tenancy Agreement), give the Contractor right of access to and possession of, all parts of the Site within the time (or times) stated in the Appendix to Tender, or such other times as agreed between the parties as required for the Contractor to carry out and complete the Works in accordance with the Contract. The right and possession may not be exclusive to the Contractor. If, under the Contract, the Employer is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer shall do so in the time and manner stated in the Employer’s Requirements. However, the Employer may withhold any such right or possession until the Performance Security has been received. If no such time is stated in the Appendix to Tender, the Employer shall give the Contractor right of access to, and possession of, the Site within such times as may be required to enable the Contractor to proceed in accordance with the Contract. If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any such right or possession within such time, the Contractor shall give notice to the Engineer and shall be entitled to: (a) an extension of time for any such delay, if completion is or will be delayed, under sub-clause 8.4 [Extension of Time for Completion]; and (b) payment of any such Cost plus Profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with sub-clause 3.5 [Determinations] to agree or determine these matters. However, if and to the extent that the Employer's failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's Documents, the Contractor shall not be entitled to such extension of time, Cost or Profit. The Contractor (i) acknowledges that the Site is provided to the Employer under the Tenancy Agreement, and by the Employer to the Contractor under the Contract, for construction purposes; and (ii) hereby undertakes not to use the Site for any other purposes nor attempt to lease or sub-let the Site or any part thereof.

Right of Access to the Site. The Employer shall, subject to any requirements set out in the Employer's Requirements, any requirements of the Port Authority, any Statutory Authority or the harbour mastermaster and the terms of the Tenancy Agreement and the documents referred to therein, including the protocol of transfer and receipt (as referred to in the Tenancy Agreement), give the Contractor right of access to and possession of, all parts of the Site within the time (or times) stated in the Appendix to Tender, or such other times as agreed between the parties as required for the Contractor to carry out and complete the Works in accordance with the Contract. The right and possession may not be exclusive to the Contractor. If, under the Contract, the Employer is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer shall do so in the time and manner stated in the Employer’s Requirements. However, the Employer may withhold any such right or possession until the Performance Security has been received. If no such time is stated in the Appendix to Tender, the Employer shall give the Contractor right of access to, and possession of, the Site within such times as may be required to enable the Contractor to proceed in accordance with the Contract. If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any such right or possession within such time, the Contractor shall give notice to the Engineer and shall be entitled to: (a) an extension of time for any such delay, if completion is or will be delayed, under sub-clause 8.4 [Extension of Time for Completion]; and (b) payment of any such Cost plus Profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with sub-clause 3.5 [Determinations] to agree or determine these matters. However, if and to the extent that the Employer's failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's Documents, the Contractor shall not be entitled to such extension of time, Cost or Profit. The Contractor (i) acknowledges that the Site is provided by the Employer to the Contractor under the Contract, for construction purposes; and (ii) hereby undertakes not to use the Site for any other purposes nor attempt to lease or sub-let the Site or any part thereof.

Right of Access to the Site. The Employer shall, subject to any requirements set out in the Employer's Requirements, any requirements of the Port Authority, any Statutory Authority or the harbour master, master give the Contractor right of access to and possession of, all parts of the Site within the time (or times) stated in the Appendix to Tender, or such other times as agreed between the parties as required for the Contractor to carry out and complete the Works in accordance with the Contract. The right and possession may not be exclusive to the Contractor. If, under the Contract, the Employer is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer shall do so in the time and manner stated in the Employer’s Requirements. However, the Employer may withhold any such right or possession until the Performance Security has been received. If no such time is stated in the Appendix to Tender, the Employer shall give the Contractor right of access to, and possession of, the Site within such times as may be required to enable the Contractor to proceed in accordance with the Contract. If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any such right or possession within such time, the Contractor shall give notice to the Engineer and shall be entitled to: (a) an extension of time for any such delay, if completion is or will be delayed, under sub-clause 8.4 [Extension of Time for Completion]; and (b) payment of any such Cost plus Profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with sub-clause 3.5 [Determinations] to agree or determine these matters. However, if and to the extent that the Employer's failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's Documents, the Contractor shall not be entitled to such extension of time, Cost or Profit. The Contractor (i) acknowledges that the Site is provided to the Employer under the Tenancy Agreement, and by the Employer to the Contractor under the Contract, for construction purposes; and (ii) hereby undertakes not to use the Site for any other purposes nor attempt to lease or sub-let the Site or any part thereof.

Right of Access to the Site. The Employer shall, subject to any requirements set out in the Employer's Requirements, any requirements of the Port Authority, any Statutory Authority or the harbour master, shall give the Contractor right of access to to, and possession of, all parts of the Site within the time (or times) stated in the Appendix to Tender, or such other times as agreed between the parties as required for the Contractor to carry out and complete the Works in accordance with the ContractContract Data. The right and possession may not be exclusive to the Contractor. If, under the Contract, the Employer is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer shall do so in the time and manner stated in the Employer’s RequirementsSpecification. However, the Employer may withhold any such right or possession until the Performance Security has been received. If no such time is stated in the Appendix to TenderContract Data, the Employer shall give the Contractor right of access to, and possession of, the Site within such times as may be required to enable the Contractor to proceed without disruption in accordance with the Contractprogramme submitted under Sub-Clause 8.3 [Programme]. If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any such right or possession within such time, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to: (a) an extension of time for any such delay, if completion is or will be delayed, under subSub-clause Clause 8.4 [Extension of Time for Completion]; , and (b) payment of any such Cost plus Profitprofit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with sub-clause Sub- Clause 3.5 [Determinations] to agree or determine these matters. However, if and to the extent that the Employer's ’s failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's ’s Documents, the Contractor shall not be entitled to such extension of time, Cost or Profit. The Contractor (i) acknowledges that the Site is provided by the Employer to the Contractor under the Contract, for construction purposes; and (ii) hereby undertakes not to use the Site for any other purposes nor attempt to lease or sub-let the Site or any part thereofprofit.

Right of Access to the Site. The Employer shall, subject to any requirements set out in the Employer's Requirements, any requirements of the Port Authority, any Statutory Authority or the harbour master, shall give the Contractor right of access to to, and possession of, all parts of the Site within the time (or timesties) stated stared in the Appendix to Tender, or such other times as agreed between the parties as required for the Contractor to carry out and complete the Works in accordance with the ContractParticular Conditions. The right and possession may not be exclusive to the Contractor. If, under the ContractContact, the Employer is required to give (to the Contractor) ), possession of any foundation, structure, plant or means of access, the Employer shall do so in the time and manner stated in the Employer’s Employer´s Requirements. However, the Employer may withhold any such right or possession until the Performance Security has been received. If no such time is stated in the Appendix to Tender, Particular Conditions the Employer shall give the Contractor right of access to, and possession of, of the Site within such times as may be required to enable with effect from the Contractor to proceed in accordance with the ContractCommencement Date. If the Contractor suffers delay Delay and/or incurs Cost as a result of a failure by the Employer to give any such right or possession within either such time, the Contractor shall give notice to the Engineer Employer and shall be entitled subject to Sub-Clause 20.1 [Contractor´s Claims] to: (a) an extension of time for any such delayDelay, if completion is or will be delayed, under sub-clause Sub- Clauses 8.4 [Extension of Time for Completionthe completion]; , and (b) payment of any such Cost Cost-plus Profitreasonable profit, which shall be included in added to the Contract Price. After receiving this notice, the Engineer Employer shall proceed in accordance with subSub-clause Clause 3.5 [Determinations] to agree or determine these matters. However, if and to the extent that the Employer's Employer´s failure was caused by any error or delay Delay by the Contractor, including an error in, or delay Delay in the submission of, any of the Contractor's Contractor´s Documents, the Contractor shall not be entitled to such extension of time, Cost or Profit. The Contractor (i) acknowledges that the Site is provided by the Employer to the Contractor under the Contract, for construction purposes; and (ii) hereby undertakes not to use the Site for any other purposes nor attempt to lease or sub-let the Site or any part thereofprofit.

Right of Access to the Site. The Employer shall, subject to any requirements set out in the Employer's Requirements, any requirements of the Port Authority, any Statutory Authority or the harbour master, Procuring entity shall give the Contractor right of access to to, and possession of, all parts of the Site within the time (or times) stated in the Appendix to Tender, or such other times as agreed between the parties as required for the Contractor to carry out and complete the Works in accordance with the ContractContract Data. The right and possession may not be exclusive to the Contractor. If, under the Contract, the Employer Procuring entity is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer Procuring entity shall do so in the time and manner stated in the Employer’s RequirementsSpecification. However, the Employer Procuring entity may withhold any such right or possession until the Performance Security has been received. If no such time is stated in the Appendix to TenderContract Data, the Employer Procuring entity shall give the Contractor right of access to, and possession of, the Site within such times as may be required to enable the Contractor to proceed without disruption in accordance with the Contractprogramme submitted under Sub-Clause 8.3 [Programme]. If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer Procuring entity to give any such right or possession within such time, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to: (a) : an extension of time for any such delay, if completion is or will be delayed, under subSub-clause Clause 8.4 [Extension of Time for Completion]; and (b) , and payment of any such Cost plus ProfitCost, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with subSub-clause Clause 3.5 [Determinations] to agree or determine these matters. However, if and to the extent that the Employer's Procuring entity’s failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's ’s Documents, the Contractor shall not be entitled to such extension of time, Cost or Profit. The Contractor (i) acknowledges that the Site is provided by the Employer to the Contractor under the Contract, for construction purposes; and (ii) hereby undertakes not to use the Site for any other purposes nor attempt to lease or sub-let the Site or any part thereofCost.

Right of Access to the Site. The Employer shall, subject to any requirements set out in the Employer's Requirements, any requirements of the Port Authority, any Statutory Authority or the harbour master, shall give the Contractor right of access to to, and possession of, all parts of the Site within the time (or times) stated in the Appendix to Tender, or such other times as agreed between the parties as required for the Contractor to carry out and complete the Works in accordance with the Contract. The right and possession may not be exclusive to the Contractor. If, under the Contract, the Employer is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer shall do so in the time and manner stated in the Employer’s 's Requirements. However, the Employer may withhold any such right or possession until the Performance Security has been received. If no such time is stated in the Appendix to Tender, the Employer shall give the Contractor right of access to, and possession of, the Site within such times as may be required to enable the Contractor to proceed in accordance with the Contractprogramme submitted under Sub-Clause 8.3 [Programme]. SAMPLE If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any such right or possession within such time, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to: (a) an extension of time for any such delay, if completion is or will be delayed, under subSub-clause Clause 8.4 [Extension of Time for Completion]; , and (b) payment of any such Cost plus Profitreasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with subSub-clause Clause 3.5 [Determinations] to agree or determine these matters. However, if and to the extent that the Employer's ’s failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's Documents, the Contractor shall not be entitled to such extension of time, Cost or Profit. The Contractor (i) acknowledges that the Site is provided by the Employer to the Contractor under the Contract, for construction purposes; and (ii) hereby undertakes not to use the Site for any other purposes nor attempt to lease or sub-let the Site or any part thereofprofit.