Common use of Statement of Services Clause in Contracts

Statement of Services. A. During the Term, Supplier shall perform the work described in the Service Order (the “Services”). Unless otherwise agreed in writing by the parties, any work performed by Supplier for Newmont prior to the Effective Date, which is not covered by a separate agreement between the parties and which falls within the specified scope of services set forth in the Service Order, shall be deemed to have been performed subject to the terms and conditions of this Agreement. Except as otherwise specified in the Service Order, Supplier shall provide all labor, supervision, materials, equipment, tools, consumables, transportation, fuel, maintenance, and such other items and services as are necessary to perform the Services, and shall be solely responsible for demobilization, job site cleanup, and disposition of all residual materials once Services are completed. At any time, without invalidating this Agreement or any portion hereof, Newmont may request reasonable additions, deletions, revisions, or changes to the Services of either a major or minor nature. Any such modification shall be evidenced by a Change Order to the Service Order, as issued by Newmont and executed or otherwise legally accepted by both parties (each, a “Change Order”), which shall specify the compensation agreed upon by the parties for such changes and the additional time, if any, allotted for the completion of the Services as so modified. This Agreement shall not be construed as an exclusive dealing contract for the provision of the Services and does not preclude Supplier from undertaking work of this general nature for others. B. Supplier warrants that (i) it is fully competent and possesses the requisite skill, knowledge, resources, experience and expertise to perform the Services in accordance with the standards and the degree of skill and judgment which is normally exercised in the United States mining and metals industry and other relevant industry by those engaged in the performance of services similar in nature to the Services, (ii) the Services shall be performed in accordance with said standards, skill and judgment, (iii) the Services shall be performed in strict compliance with the requirements of this Agreement, including any specifications set forth in the Service Order (“Specifications” as applicable to Services), (iv) all Services performed shall be free from defect, (v) all equipment, supplies, and other tangible materials to be incorporated into the Services by Supplier and thereafter owned by Newmont, as specified in the Service Order (the “Equipment”), shall be in conformance with any specifications applicable thereto as set forth in the Service Order (“Specifications” as applicable to the Equipment) and be free from defects and of standard quality for the industry unless otherwise agreed in a written document signed by Newmont, (vi) Supplier shall have good and valid title to all Equipment directly supplied by Supplier at the time title passes to Newmont, (vii) Supplier is properly qualified, licensed, trained, organized, and financed to perform the Services, and (viii) in performing the Services, Supplier shall not install or otherwise cause to exist on any of Newmont’s computer systems (hardware or software components) any computer instructions, circuitry, or other technological means whose purpose or effect is to disrupt, damage, or interfere with any Newmont computer facilities or equipment, or to provide unauthorized access to Newmont’s computer facilities or equipment, including any code containing viruses, Trojan horses, worms, traps, back doors, disabling devices or like destructive code or code that self-replicates. Supplier warrants all Services performed by its subcontractors in the same manner as if Supplier had performed the Services itself. C. Supplier acknowledges having reviewed Newmont’s Code of Conduct and Supplier Code of Conduct, both of which are available under the About Us/Governance and Ethics tabs at xxx.Xxxxxxx.xxx. When Supplier is engaged in activities on Newmont’s behalf, Supplier shall abide by the principles expressed in both codes of conduct. Supplier shall (i) (a) comply with Newmont’s (b) comply with Newmont’s Acceptable Technology Use Standard if, in the course of performing the Services, Supplier has access to Newmont’s information technology equipment or systems, and (b) at all times when Supplier is present on premises owned, operated, or otherwise controlled by Newmont (“Newmont Premises”), comply with the applicable provisions of Newmont’s site and workplace policies, standards, and procedures, including requirements relating to the areas of health, safety, and loss prevention, in each case, as such document may be amended from time to time by Newmont, in its sole discretion, and provided to Supplier (including in connection with any job hazard analysis training that may be provided to Supplier’s personnel by Newmont),

Statement of Services. A. During the Term, Supplier shall perform the work described in the Service Order (the “Services”). Unless otherwise agreed in writing by the parties, any work performed by Supplier for Newmont prior to the Effective Date, which is not covered by a separate agreement between the parties and which falls within the specified scope of services set forth in the Service Order, shall be deemed to have been performed subject to the terms and conditions of this Agreement. Except as otherwise specified in the Service Order, Supplier shall provide all labor, supervision, materials, equipment, tools, consumables, transportation, fuel, maintenance, and such other items and services as are necessary to perform the Services, and shall be solely responsible for demobilization, job site cleanup, and disposition of all residual materials once Services are completed. At any time, without invalidating this Agreement or any portion hereof, Newmont may request reasonable additions, deletions, revisions, or changes to the Services of either a major or minor nature. Any such modification shall be evidenced by a Change Order change order to the Service Order, as issued by Newmont and executed or otherwise legally accepted by both parties (each, a “Change Order”), which shall specify the compensation agreed upon by the parties for such changes and the additional time, if any, allotted for the completion of the Services as so modified. This Agreement shall not be construed as an exclusive dealing contract for the provision of the Services and does not preclude Supplier from undertaking work of this general nature for others. B. Supplier warrants represents, warrants, and covenants that (i1) it is fully competent and possesses the requisite skill, knowledge, resources, experience and expertise to perform the Services in accordance with the standards and the degree of skill and judgment which is normally exercised in the United States mining and metals industry and other relevant industry by those engaged in the performance of services similar in nature to the Services, (ii2) the Services shall be performed in accordance with said standards, skill and judgment, (iii3) the Services shall be performed in strict compliance with the requirements of this Agreement, including any specifications set forth in the Service Order (“Specifications” as applicable to Services), (iv4) all Services performed shall be free from defect, (v5) all equipment, supplies, and other tangible materials to be incorporated into the Services by Supplier and thereafter owned by Newmont, as specified in the Service Order (the “Equipment”), shall be in conformance with any specifications applicable thereto as set forth in the Service Order (“Specifications” as applicable to the Equipment) and be free from defects and of standard quality for the industry unless otherwise agreed in a written document signed by Newmont, (vi6) Supplier shall have good and valid title to all Equipment directly supplied by Supplier at the time title passes to Newmont, (vii7) Supplier is properly qualified, licensed, trained, organized, equipped, and financed to perform the Services, and (viii) 8) in performing the Services, Supplier shall not install or otherwise cause to exist on any of Newmont’s computer systems (hardware or software components) any computer instructions, circuitry, or other technological means whose purpose or effect is to disrupt, damage, or interfere with any Newmont computer facilities or equipment, or to provide unauthorized access to Newmont’s computer facilities or equipment, including any code containing viruses, Trojan horses, worms, traps, back doors, disabling devices or like destructive code or code that self-replicates. Supplier warrants all Services performed by its subcontractors in the same manner as if Supplier had performed the Services itself. C. Supplier acknowledges having reviewed Newmont’s Code of Conduct and Newmont’s Supplier Code of Conduct, both each of which are is available under the About Us/Governance and Ethics tabs at xxx.Xxxxxxx.xxx. When xxx.Xxxxxxx.xxx and, when Supplier is engaged in activities on Newmont’s behalf, Supplier shall abide by the principles expressed in both codes Newmont’s Code of conductConduct, to the extent applicable. Supplier shall (i1) (a) comply with Newmont’s (b) comply with Newmont’s Acceptable Technology Use Standard (which Supplier acknowledges receiving a copy of) if, in the course of performing the Services, Supplier has access to Newmont’s information technology equipment or systems, and (b) at all times when Supplier is present on premises owned, operated, or otherwise controlled by Newmont (“Newmont Premises”), comply with the applicable provisions of Newmont’s site and workplace policies, standards, and procedures, including requirements relating to the areas of health, safety, and loss prevention, in each case, as such document may be amended from time to time by Newmont, in its sole discretion, and provided to Supplier (including in connection with any job hazard analysis training that may be provided to Supplier’s personnel by Newmont),and

Statement of Services. A. During the Term, Supplier shall perform the work described in the Service Order (the “Services”). Unless otherwise agreed in writing by the parties, any work performed by Supplier for Newmont prior to the Effective Date, which is not covered by a separate agreement between the parties and which falls within the specified scope of services set forth in the Service Order, shall be deemed to have been performed subject to the terms and conditions of this Agreement. Except as otherwise specified in the Service Order, Supplier shall provide all labor, supervision, materials, equipment, tools, consumables, transportation, fuel, maintenance, and such other items and services as are necessary to perform the Services, and shall be solely responsible for demobilization, job site cleanup, and disposition of all residual materials once Services are completed. At any time, without invalidating this Agreement or any portion hereof, Newmont may request reasonable additions, deletions, revisions, or changes to the Services of either a major or minor nature. Any such modification shall be evidenced by a Change Order to the Service Order, as issued by Newmont and executed or otherwise legally accepted by both parties (each, a “Change Order”), which shall specify the compensation agreed upon by the parties for such changes and the additional time, if any, allotted for the completion of the Services as so modified. This Agreement shall not be construed as an exclusive dealing contract for the provision of the Services and does not preclude Supplier from undertaking work of this general nature for others. B. Supplier warrants that (i) it is fully competent and possesses the requisite skill, knowledge, resources, experience and expertise to perform the Services in accordance with the standards and the degree of skill and judgment which is normally exercised in the United States mining and metals industry and other relevant industry by those engaged in the performance of services similar in nature to the Services, (ii) the Services shall be performed in accordance with said standards, skill and judgment, (iii) the Services shall be performed in strict compliance with the requirements of this Agreement, including any specifications set forth in the Service Order (“Specifications” as applicable to Services), (iv) all Services performed shall be free from defect, (v) all equipment, supplies, and other tangible materials to be incorporated into the Services by Supplier and thereafter owned by Newmont, as specified in the Service Order (the “Equipment”), shall be in conformance with any specifications applicable thereto as set forth in the Service Order (“Specifications” as applicable to the Equipment) and be free from defects and of standard quality for the industry unless otherwise agreed in a written document signed by Newmont, (vi) Supplier shall have good and valid title to all Equipment directly supplied by Supplier at the time title passes to Newmont, (vii) Supplier is properly qualified, licensed, trained, organized, and financed to perform the Services, and (viii) in performing the Services, Supplier shall not install or otherwise cause to exist on any of Newmont’s computer systems (hardware or software components) any computer instructions, circuitry, or other technological means whose purpose or effect is to disrupt, damage, or interfere with any Newmont computer facilities or equipment, or to provide unauthorized access to Newmont’s computer facilities or equipment, including any code containing viruses, Trojan horses, worms, traps, back doors, disabling devices or like destructive code or code that self-replicates. Supplier warrants all Services performed by its subcontractors in the same manner as if Supplier had performed the Services itself. C. Supplier acknowledges having reviewed Newmont’s Code of Conduct and Supplier Code of Conduct, both of which are available under the About Us/Governance and Ethics tabs at xxx.Xxxxxxx.xxxxxx.XxxxxxxXxxxxxxx.xxx. When Supplier is engaged in activities on Newmont’s behalf, Supplier shall abide by the principles expressed in both codes of conduct. Supplier shall (i) (a) comply with Newmont’s (b) comply with Newmont’s Acceptable Technology Use Standard if, in the course of performing the Services, Supplier has access to Newmont’s information technology equipment or systems, and (b) at all times when Supplier is present on premises owned, operated, or otherwise controlled by Newmont (“Newmont Premises”), comply with the applicable provisions of Newmont’s site and workplace policies, standards, and procedures, including requirements relating to the areas of health, safety, and loss prevention, in each case, as such document may be amended from time to time by Newmont, in its sole discretion, and provided to Supplier (including in connection with any job hazard analysis training that may be provided to Supplier’s personnel by Newmont),

Statement of Services. A. During the Term, Supplier shall perform the work described in the Service Order (the “Services”). Unless otherwise agreed in writing by the parties, any work performed by Supplier for Newmont prior to the Effective Date, which is not covered by a separate agreement between the parties and which falls within the specified scope of services set forth in the Service Order, shall be deemed to have been performed subject to the terms and conditions of this Agreement. Except as otherwise specified in the Service Order, Supplier shall provide all labor, supervision, materials, equipment, tools, consumables, transportation, fuel, maintenance, and such other items and services as are necessary to perform the Services, and shall be solely responsible for demobilization, job site cleanup, and disposition of all residual materials once Services are completed. At any time, without invalidating this Agreement or any portion hereof, Newmont may request reasonable additions, deletions, revisions, or changes to the Services of either a major or minor nature. Any such modification shall be evidenced by a Change Order change order to the Service Order, as issued by Newmont and executed or otherwise legally accepted by both parties (each, a “Change Order”), which shall specify the compensation agreed upon by the parties for such changes and the additional time, if any, allotted for the completion of the Services as so modified. This Agreement shall not be construed as an exclusive dealing contract for the provision of the Services and does not preclude Supplier from undertaking work of this general nature for others. B. Supplier warrants represents, warrants, and covenants that (i1) it is fully competent and possesses the requisite skill, knowledge, resources, experience and expertise to perform the Services in accordance with the standards and the degree of skill and judgment which is normally exercised in the United States mining and metals industry and other relevant industry by those engaged in the performance of services similar in nature to the Services, (ii2) the Services shall be performed in accordance with said standards, skill and judgment, (iii3) the Services shall be performed in strict compliance with the requirements of this Agreement, including any specifications set forth in the Service Order (“Specifications” as applicable to Services), (iv4) all Services performed shall be free from defect, (v5) all equipment, supplies, and other tangible materials to be incorporated into the Services by Supplier and thereafter owned by Newmont, as specified in the Service Order (the “Equipment”), shall be in conformance with any specifications applicable thereto as set forth in the Service Order (“Specifications” as applicable to the Equipment) and be free from defects and of standard quality for the industry unless otherwise agreed in a written document signed by Newmont, (vi6) Supplier shall have good and valid title to all Equipment directly supplied by Supplier at the time title passes to Newmont, (vii7) Supplier is properly qualified, licensed, trained, organized, equipped, and financed to perform the Services, and (viii) 8) in performing the Services, Supplier shall not install or otherwise cause to exist on any of Newmont’s computer systems (hardware or software components) any computer instructions, circuitry, or other technological means whose purpose or effect is to disrupt, damage, or interfere with any Newmont computer facilities or equipment, or to provide unauthorized access to Newmont’s computer facilities or equipment, including any code containing viruses, Trojan horses, worms, traps, back doors, disabling devices or like destructive code or code that self-replicates. Supplier warrants all Services performed by its subcontractors in the same manner as if Supplier had performed the Services itself. C. Supplier acknowledges having reviewed Newmont’s Code of Conduct and Newmont’s Supplier Code of Conduct, both each of which are is available under the About Us/Governance and Ethics tabs at xxx.Xxxxxxx.xxx. When xxx.Xxxxxxxxxxxxxxx.xxx and, when Supplier is engaged in activities on Newmont’s behalf, Supplier shall abide by the principles expressed in both codes Newmont’s Code of conductConduct, to the extent applicable. Supplier shall (i1) (a) comply with Newmont’s (b) comply with Newmont’s Acceptable Technology Use Standard (which Supplier acknowledges receiving a copy of) if, in the course of performing the Services, Supplier has access to Newmont’s information technology equipment or systems, and (b) at all times when Supplier is present on premises owned, operated, or otherwise controlled by Newmont (“Newmont Premises”), comply with the applicable provisions of Newmont’s site and workplace policies, standards, and procedures, including requirements relating to the areas of health, safety, and loss prevention, in each case, as such document may be amended from time to time by Newmont, in its sole discretion, and provided to Supplier (including in connection with any job hazard analysis training that may be provided to Supplier’s personnel by Newmont),, (2) perform the Services only during regular working hours (local time, 8:00am to 5:00pm, Monday – Friday) unless prior written consent is obtained from Newmont, (3) conduct all activities on Newmont Premises so as to avoid or minimize delay or interference with any other person or entity performing work or services, and

Statement of Services. A. During the Term, Supplier shall perform the work described in the Service Order (the “Services”). Unless otherwise agreed in writing by the parties, any work performed by Supplier for Newmont prior to the Effective Date, which is not covered by a separate agreement between the parties and which falls within the specified scope of services set forth in the Service Order, shall be deemed to have been performed subject to the terms and conditions of this Agreement. Except as otherwise specified in the Service Order, Supplier shall provide all labor, supervision, materials, equipment, tools, consumables, transportation, fuel, maintenance, and such other items and services as are necessary to perform the Services, and shall be solely responsible for demobilization, job site cleanup, and disposition of all residual materials once Services are completed. At any time, without invalidating this Agreement or any portion hereof, Newmont may request reasonable additions, deletions, revisions, or changes to the Services of either a major or minor nature. Any such modification shall be evidenced by a Change Order change order to the Service Order, as issued by Newmont and executed or otherwise legally accepted by both parties (each, a “Change Order”), which shall specify the compensation agreed upon by the parties for such changes and the additional time, if any, allotted for the completion of the Services as so modified. This Agreement shall not be construed as an exclusive dealing contract for the provision of the Services and does not preclude Supplier from undertaking work of this general nature for others. B. Supplier warrants represents, warrants, and covenants that (i1) it is fully competent and possesses the requisite skill, knowledge, resources, experience and expertise to perform the Services in accordance with the standards and the degree of skill and judgment which is normally exercised in the United States mining and metals Supplier’s industry and other relevant industry by those engaged in the performance of services similar in nature to the Services, (ii2) the Services shall be performed in accordance with said standards, skill and judgment, (iii3) the Services shall be performed in strict compliance with the requirements of this Agreement, including any specifications set forth in the Service Order (“Specifications” as applicable to Services), (iv4) all Services performed shall be free from defect, (v5) all equipment, supplies, and other tangible materials to be incorporated into the Services by Supplier and thereafter owned by Newmont, as specified in the Service Order (the “Equipment”), shall be in conformance with any specifications applicable thereto as set forth in the Service Order (“Specifications” as applicable to the Equipment) and be free from defects and of standard quality for the industry unless otherwise agreed in a written document signed by Newmont, (vi6) Supplier shall have good and valid title to all Equipment directly supplied by Supplier at the time title passes to Newmont, (vii7) Supplier is properly qualified, licensed, trained, organized, equipped, and financed to perform the Services, and (viii) 8) in performing the Services, Supplier shall not install or otherwise cause to exist on any of Newmont’s computer systems (hardware or software components) any computer instructions, circuitry, or other technological means whose purpose or effect is to disrupt, damage, or interfere with any Newmont computer facilities or equipment, or to provide unauthorized access to Newmont’s computer facilities or equipment, including any code containing viruses, Trojan horses, worms, traps, back doors, disabling devices or like destructive code or code that self-replicates. Supplier warrants all Services performed by its subcontractors in the same manner as if Supplier had performed the Services itself. C. Supplier acknowledges having reviewed Newmont’s Code of Conduct and Newmont’s Supplier Code of Conduct, both each of which are is available under the About Us/Governance and Ethics tabs at xxx.Xxxxxxx.xxx. When xxx.Xxxxxxx.xxx and, when Supplier is engaged in activities on Newmont’s behalf, Supplier shall abide by the principles expressed in both codes Newmont’s Code of conductConduct, to the extent applicable. Supplier shall (i1) (a) comply with Newmont’s (b) comply with Newmont’s Acceptable Technology Use Standard (which Supplier acknowledges receiving a copy of) if, in the course of performing the Services, Supplier has access to Newmont’s information technology equipment or systems, and (b) at all times when Supplier is present on premises owned, operated, or otherwise controlled by Newmont (“Newmont Premises”), comply with the applicable provisions of Newmont’s site and workplace policies, standards, and procedures, including requirements relating to the areas of health, safety, and loss prevention, in each case, as such document may be amended from time to time by Newmont, in its sole discretion, and provided to Supplier (including in connection with any job hazard analysis training that may be provided to Supplier’s personnel by Newmont),and