Common use of Risk distribution Clause in Contracts

Risk distribution. 14.1. The risk, associated with the obligations under this Agreement, is shared by the Parties in accordance to the terms specified in this Agreement and its annexes, including the Matrix of Risk distribution between Parties laid out in the annex No. 4 to the Agreement. 14.2. Should an archaeological risk, attributable to the Public partner, occur during the performance of Works, i.e. if any movable and/or immovable cultural valuables, relics, antiques, or other objects with artistic, historical, cultural, scientific, or monetary value or human remains are found in the Land plot, the Private partner must: 14.2.1. inform the Public partner about such findings as soon as possible; 14.2.2. if necessary, stop the Works to such extent, where carrying out of works could present a risk for the findings, or would limit or prevent excavation thereof; and 14.2.3. take all necessary measures for preserving the findings in the position and conditions, as they were initially found. 14.3. The Public partner must present instructions to the Private partner, indicating actions that it demands to be taken with respect to the findings, as soon as possible, but in any case no later than within 10 (ten) Business days. The Private partner must immediately and carefully carry out all such instructions of the Public partner, if the instructions are not in conflict with the Specifications or legislation requirements. If the Public partner will fail to provide the instructions, specified in this paragraph, or if they will be in conflict with the Specifications or legislation requirements, the Private partner will have to deal with the findings in accordance with the legislation requirements, informing the Public partner of such decision in writing. 14.4. The Private partner shall allow the representatives and/or officers of the Public partner or other public institutions to access the Land plot(s) in order to remove or transfer the findings, provided that the necessary safety requirements, applicable in the Land plot(s), will be followed when entering the Land plot(s).