Common use of School Terms Clause in Contracts

School Terms. The Authority agrees that, when assessing the effect of any Compensation Event pursuant to clause 16.7 (Giving of Relief and Compensation), any loss of revenue and/or delay to the achievement of Services Availability that may arise as a result of the operation of clauses 20.2 (Dates on which ICT Handover may occur and 20.3 (Dates on which Services Availability may occur) shall be taken into account provided that the Planned ICT Handover Date shall only ever move to the twenty-fifth Business Day, and the Planned Services Availability Date shall only ever move to the fifth Business Day, before the first day of a Term or Half Term (other than the Summer Half Term). CDM REGULATIONS104 Responsibility for Design As between the Contractor and the Authority, the Contractor shall be entirely responsible for the safety of any design which forms part of the Works [or the Services] and for the adequacy, stability and safety of all site operations and methods of construction. The Contractor as Client In accordance with the CDM Regulations, the Authority, the School Entities and the Contractor have elected that the Contractor shall be, and shall be treated as the only client in relation to the Works [and the Services]. Within ten (10) Business Days of the Commencement Date the Contractor shall, or shall procure that the CDM Co-ordinator shall, notify the Health and Safety Executive of this election and provide a copy of this notice to the Authority. The Contractor shall ensure that the Building Contractor is aware of such election and shall not, prior to the completion of the Works, seek to withdraw, terminate or in any way derogate from such election. The Contractor acknowledges that the role of the CDM Co-ordinator in relation to the Works has prior to the Commencement Date been carried out by the Authority or its agents. The Contractor has examined the Authority’s Requirements and any other information provided by the Authority prior to the Commencement Date and confirms that it is satisfied that the Authority’s Requirements and such other information have taken into account the requirements of the CDM Regulations. Duties under CDM Regulations Subject to Regulation 8 of the CDM Regulations the Contractor shall observe, perform and discharge and/or shall procure the observance, performance and discharge of the obligations, requirements and duties arising under the CDM Regulations in connection with the Works [and the Services] and shall, prior to the Planned Services Availability Date for a School, provide a certified copy of the final draft Health and Safety File (defined as the health and safety file in the CDM Regulations) for that School to the Authority and, within thirty (30) Business Days of the issue of the Acceptance Certificate for the School or the relevant parts of the Works in accordance with clause 22 (Principal Obligations), a certified copy of the full and complete Health and Safety File. The Contractor shall ensure that the Health and Safety File is revised as often as may be appropriate to incorporate any relevant new information in relation either to the Works [or the Services] during the Contract Period. Authority to co-operate and provide information Notwithstanding the election made under clause 17.2 (The Contractor as Client), the Authority shall observe and continue to observe the duties that are, pursuant to Regulation 8 of the CDM Regulations, to remain with the Authority, notably those duties under Regulations 5(1)(b), 10(1), 15 and 17(1). THE SITES105 Access If at any time the Contractor requires access to the Sites or any interest in any land which does not form part of the Sites or any additional rights beyond those which the Contractor has in relation to any part of the Sites, the responsibility and cost of securing or acquiring such access or interest shall be entirely the responsibility of the Contractor. Site Matters106 Subject to the other terms of this Agreement, the Site Conditions shall be the sole responsibility of the Contractor and accordingly (but without prejudice to any other obligation of the Contractor under this Agreement) the Contractor shall be deemed to have: carried out a ground physical and geophysical investigation and to have inspected and examined the Sites and their surroundings and (where applicable) any existing structures or works on, over or under the Sites; satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the form and nature of the Sites, the load-bearing and other relevant properties of the Sites, the risk of injury or damage to property affecting the Sites, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, works and materials necessary for the execution of the Works; satisfied itself as to the adequacy of the means and rights of access to and through the Sites and any accommodation it may require for the purposes of fulfilling its obligations under this Agreement (such as additional land or buildings outside the Sites); satisfied itself as to the possibility of interference by persons of any description whatsoever (other than the Authority) with access to or use of, or rights in respect of, the Sites with particular regard to the owners of any land adjacent to the Sites; and satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to third parties. Subject to the other terms of this Agreement, the Contractor accepts full responsibility for all matters referred to in this clause 18.2 and the Contractor shall be responsible for, and hold the Authority and any owner or occupier of the Site107 harmless from, cleaning up or otherwise dealing with any Contamination at the Sites (other than any Contamination caused or to the extent exacerbated as a direct result of works or services undertaken by or on behalf of the Authority pursuant to paragraphs 4.3 of Part 2, 8.3 of Part 3 or 4.6.2 of Part 4, in each case of Schedule 24 (Change Protocol), for which the Authority shall be responsible) so that it shall at all times comply with its obligations under this Agreement including (without limitation) complying with Good Industry Practice, any applicable Legislation and any Necessary Consents, orders, notices or directions of any regulatory body (whether made against the Authority or the Contractor or any owner or occupier of the Site). To the extent that unforeseen ground conditions and/or Contamination exist in any parts of the Sites that are under existing buildings108 as at the Bid Date and which it is not practical for the Contractor to investigate or survey, the Contractor shall not be responsible for them[, unless they were discovered by the [identify any survey undertaken] or would have been identified in the [identify any survey undertaken] had that survey been carried out with the level of skill and care reasonably to have been expected from competent professionals carrying out such survey or would have been identified had the Contractor carried out such additional surveys as it would have been reasonable to expect an experienced contractor to have carried out in the circumstances]109. If the Contractor is not responsible for such ground conditions and/or Contamination under this clause 18.2.3 then the Authority shall be so responsible. Where pursuant to clauses 18.2.2 or 18.2.3 the Authority is responsible for any of the matters referred to then the following provisions shall apply: where any such matter arises on or before the [Services Availability Date] [Post Completion Works Acceptance Date]110 for such Site it shall be deemed to be a Compensation Event and any work which is required or instructed to be done in consequence of it shall be deemed, without double counting, to be an Authority Change; where any such matter arises after the [Services Availability Date] [Post Completion Works Acceptance Date] for such Site it shall be deemed to be a Relief Event and no Deductions may be made in respect of the relevant Area and any work or change to the Services required or instructed to be done in consequence of it, shall be deemed to be an Authority Change; and where any such matter is Contamination (before or after the Services Availability Date) the Authority shall further hold the Contractor harmless from cleaning up or otherwise dealing with such Contamination and shall indemnify the Contractor in respect of all Direct Losses incurred by the Contractor resulting from such Contamination, and the Contractor shall in carrying out any works referred to in clauses 18.2.4.1 and 18.2.4.2 do so in accordance with and so that it shall at all times comply with its obligations under this Agreement including (without limitation) complying with Good Industry Practice, any applicable Legislation and any Necessary Consents, orders, notices or directions of any regulatory body (whether made against the Authority or the Contractor). To the extent that any part(s) of the Site(s) suffer from or are affected by Contamination arising from a source off Site (whether or not on adjacent land) the Contractor shall be responsible for cleaning up or otherwise dealing with such Contamination and for taking reasonable steps to prevent the recurrence of such Contamination on a Site and then the following provisions shall apply: where any such matter arises on or before the Services Availability Date for such Site it shall be deemed to be a Relief Event for a reasonable111 period (to be agreed between the Parties acting reasonably) for the purposes of this Agreement; where any such matter arises after the Services Availability Date for such Site it shall be deemed to be a Relief Event and no Deductions may be made in respect of the relevant Area pursuant to Schedule 6 (Payment Mechanism) for a reasonable period (to be agreed between the Parties acting reasonably) but any work or change to the Services required or instructed to be done in consequence of it, shall be the Contractor's responsibility and shall not constitute an Authority Change; [and] before or after the Services Availability Date the Contractor shall: clean up, or otherwise deal with, such Contamination, and take steps reasonably necessary to prevent the recurrence of the same, all in accordance with Good Industry Practice, all relevant Necessary Consents and Legislation; and

School Terms. The Authority agrees that, when assessing the effect of any Compensation Event pursuant to clause 16.7 (Giving of Relief and Compensation), any loss of revenue and/or delay to the achievement of Services Availability that may arise as a result of the operation of clauses clause 20.2 (Dates on which ICT Handover may occur and 20.3 (Dates on which Services Availability may occur) shall be taken into account provided that the Planned ICT Handover Date shall only ever move to the twenty-fifth Business Day, and the Planned Services Availability Date shall only ever move to the fifth Business Day, before the first day of a Term or Half Term (other than the Summer Half Term)account. CDM REGULATIONS104 REGULATIONS94 Responsibility for Design As between the Contractor and the Authority, the Contractor shall be entirely responsible for the safety of any design which forms part of the Works [or the Services] and for the adequacy, stability and safety of all site operations and methods of construction. The Contractor as Client In accordance with the CDM Regulations, the Authority, the School Entities Governing Bodies and the Contractor have elected that the Contractor shall be, and shall be treated as the only client in relation to respect of the Works [and the Services]. Within ten (10) Business Days ] pursuant to Regulation 8 of the Commencement Date the Contractor shall, or shall procure that the CDM Co-ordinator shall, notify the Health and Safety Executive of this election and provide a copy of this notice to the AuthorityRegulations. The Contractor shall ensure that the Building Contractor is aware of such election and shall not, prior to the completion of the Works, seek in any way to withdraw, terminate or in any way derogate from such election. The Contractor acknowledges that the role of the CDM Co-ordinator in relation to the Works has prior to the Commencement Date been carried out by the Authority or its agents. The Contractor has examined the Authority’s Requirements and any other information provided by the Authority prior to the Commencement Date and confirms that it is satisfied that the Authority’s Requirements and such other information have taken into account the requirements of the CDM Regulations. Duties under CDM Regulations Subject to Regulation 8 of the CDM Regulations the The Contractor shall observe, perform and discharge and/or shall procure the observance, performance and discharge of the obligations, requirements and duties arising under the CDM Regulations in connection with the Works [and the Services] (other than those that remain with the Authority pursuant to Regulation 8 of the CDM Regulations) and shall, prior to the Planned Services Availability Date for a School, provide a certified copy of the final draft Health and Safety File (as defined as the health and safety file in the CDM Regulations) for that School to the Authority and, within thirty (30) Business Days of the issue of the Acceptance Certificate for the School or the relevant parts of the Works in accordance with clause 22 (Principal Obligations), a certified copy of the full and complete Health and Safety File. The Contractor shall ensure that the Health and Safety File is revised as often as may be appropriate to incorporate any relevant new information in relation either to the Works [or the Services] during the Contract Period. Authority to co-operate and provide information Notwithstanding the election made under clause 17.2 (The Contractor as Client)17.2, the Authority shall observe and continue to observe the duties that are, pursuant to Regulation 8 of the CDM Regulations, to remain with the Authority, notably those duties under Regulations 5(1)(b), 10(1), 15 and 17(1). THE SITES105 SITES Access If at any time the Contractor requires access to the Sites or any interest in any land which does not form part of the Sites or any additional rights beyond those which the Contractor has in relation to any part of the Sites, the responsibility and cost of securing or acquiring such access or interest shall be entirely the responsibility of the Contractor. Site Matters106 Subject to the other terms of this Agreement, the Site Conditions shall be the sole responsibility of the Contractor and accordingly (but without prejudice to any other obligation of the Contractor under this Agreement) the Contractor shall be deemed to have: carried out a ground physical and geophysical investigation and to have inspected and examined the Sites and their surroundings and (where applicable) any existing structures or works on, over or under the Sites; satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the form and nature of the Sites, the load-bearing and other relevant properties of the Sites, the risk of injury or damage to property affecting the Sites, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, works and materials necessary for the execution of the Works; satisfied itself as to the adequacy of the means and rights of access to and through the Sites and any accommodation it may require for the purposes of fulfilling its obligations under this Agreement (such as additional land or buildings outside the Sites); satisfied itself as to the possibility of interference by persons of any description whatsoever (other than the Authority) with access to or use of, or rights in respect of, the Sites with particular regard to the owners of any land adjacent to the Sites; and satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to third parties. Subject to the other terms of this Agreement, the Contractor accepts full responsibility for all matters referred to in this clause 18.2 and the Contractor shall be responsible for, and hold the Authority and any owner or occupier of the Site107 harmless from, cleaning up or otherwise dealing with any Contamination at the Sites (other than any Contamination caused or to the extent exacerbated as a direct result of works or services undertaken by or on behalf of the Authority pursuant to paragraphs 4.3 of Part 2, 8.3 of Part 3 or 4.6.2 of Part 4, in each case of Schedule 24 (Change Protocol), for which the Authority shall be responsible) so that it shall at all times comply with its obligations under this Agreement including (without limitation) complying with Good Industry Practice, any applicable Legislation and any Necessary Consents, orders, notices or directions of any regulatory body (whether made against the Authority or the Contractor or any owner or occupier of the Site). To the extent that unforeseen ground conditions and/or Contamination exist in any parts of the Sites that are under existing buildings108 as at the Bid Date and which it is not practical for the Contractor to investigate or survey, the Contractor shall not be responsible for them[, unless they were discovered by the [identify any survey undertaken] or would have been identified in the [identify any survey undertaken] had that survey been carried out with the level of skill and care reasonably to have been expected from competent professionals carrying out such survey or would have been identified had the Contractor carried out such additional surveys as it would have been reasonable to expect an experienced contractor to have carried out in the circumstances]109. If the Contractor is not responsible for such ground conditions and/or Contamination under this clause 18.2.3 then the Authority shall be so responsible. Where pursuant to clauses 18.2.2 or 18.2.3 the Authority is responsible for any of the matters referred to then the following provisions shall apply: where any such matter arises on or before the [Services Availability Date] [Post Completion Works Acceptance Date]110 for such Site it shall be deemed to be a Compensation Event and any work which is required or instructed to be done in consequence of it shall be deemed, without double counting, to be an Authority Change; where any such matter arises after the [Services Availability Date] [Post Completion Works Acceptance Date] for such Site it shall be deemed to be a Relief Event and no Deductions may be made in respect of the relevant Area and any work or change to the Services required or instructed to be done in consequence of it, shall be deemed to be an Authority Change; and where any such matter is Contamination (before or after the Services Availability Date) the Authority shall further hold the Contractor harmless from cleaning up or otherwise dealing with such Contamination and shall indemnify the Contractor in respect of all Direct Losses incurred by the Contractor resulting from such Contamination, and the Contractor shall in carrying out any works referred to in clauses 18.2.4.1 and 18.2.4.2 do so in accordance with and so that it shall at all times comply with its obligations under this Agreement including (without limitation) complying with Good Industry Practice, any applicable Legislation and any Necessary Consents, orders, notices or directions of any regulatory body (whether made against the Authority or the Contractor). To the extent that any part(s) of the Site(s) suffer from or are affected by Contamination arising from a source off Site (whether or not on adjacent land) the Contractor shall be responsible for cleaning up or otherwise dealing with such Contamination and for taking reasonable steps to prevent the recurrence of such Contamination on a Site and then the following provisions shall apply: where any such matter arises on or before the Services Availability Date for such Site it shall be deemed to be a Relief Event for a reasonable111 period (to be agreed between the Parties acting reasonably) for the purposes of this Agreement; where any such matter arises after the Services Availability Date for such Site it shall be deemed to be a Relief Event and no Deductions may be made in respect of the relevant Area pursuant to Schedule 6 (Payment Mechanism) for a reasonable period (to be agreed between the Parties acting reasonably) but any work or change to the Services required or instructed to be done in consequence of it, shall be the Contractor's responsibility and shall not constitute an Authority Change; [and] before or after the Services Availability Date the Contractor shall: clean up, or otherwise deal with, such Contamination, and take steps reasonably necessary to prevent the recurrence of the same, all in accordance with Good Industry Practice, all relevant Necessary Consents and Legislation; andMatters95