Common use of Training Program in General Clause in Contracts

Training Program in General. As part of the Work, a reasonable number of personnel designated by Owner in its sole discretion (but not to exceed the number of Persons listed in Attachment 22) (the “Owner Personnel”) shall be given a training course designed and administered by Contractor, which shall be based on the outline of the program contained in Attachment 22. Such training course shall cover at a minimum the following topics: (i) the testing of each item of Equipment; (ii) the start-up, operation and shut-down of each item of Equipment; (iii) the performance of routine, preventative and emergency maintenance for each item of Equipment; and (iv) spare parts to be maintained for each item of Equipment, and their installation and removal. Training shall be provided by personnel selected by Contractor who, in Contractor’s and the Equipment Subcontractor’s or Sub-subcontractor’s judgment, are qualified to provide such training, and shall take place at such locations and at such times as agreed upon by the Parties. Contractor shall provide the Owner Personnel with materials described in Attachment 22. Contractor shall also provide to Owner all training materials and aids developed to conduct such training in order to facilitate future training by Owner of additional personnel. Contractor will be responsible for the acts and omissions of the Owner Personnel while the Owner Personnel are acting pursuant to the direction, instruction, or supervision of Contractor (except to the extent of any refusal or intentional failure by Owner Personnel to comply with such direction, instruction, or supervision). With respect to such acts or omissions, any property damages resulting therefrom shall be deemed to have been performed by a member of Contractor Group. With respect to any injury to or death of such Owner Personnel, such Owner Personnel shall be deemed to be a member of Owner Group.

Appears in 3 contracts

Samples: Escrow Agreement (Tellurian Inc. /De/), Procurement and Construction Agreement (Tellurian Inc. /De/), Procurement and Construction Agreement (Tellurian Inc. /De/)

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Training Program in General. As part of the Work, a reasonable number of personnel competent personnel, who are capable of being trained by Contractor, designated by Owner in its sole discretion (but not to exceed the number of Persons listed in Attachment 22) (the “Owner Personnel”V) shall be given a training course designed and administered by ContractorContractor at its expense, which shall be based on the outline of the program requirements contained in Attachment 22. Such training course A and shall cover at a minimum the following topics: (i) the testing of each item of Equipment; (ii) the start-up, operation and shut-down of each item of Equipment; (iii) the performance of routine, preventative and emergency maintenance for each item of Equipment; and (iv) spare parts to be maintained for each item of Equipment, and their installation and removal. Such training shall include instruction for Owner’s operations personnel in the operation and routine maintenance of each item of Equipment prior to completion of Commissioning of each item of Equipment. As part of the training, Contractor shall provide Owner’s operating personnel with access to the Train 3 Liquefaction Facility during Commissioning, testing and start-up. Training shall be provided by personnel selected by Contractor who, in Contractor’s and the Equipment Subcontractor’s or Sub-subcontractor’s judgment, are qualified to provide such training, and shall take place at such locations and at such times as agreed upon by the Parties. Contractor shall provide the Owner Personnel trainees with materials described in Attachment 22. A. Contractor shall also provide to Owner all training materials and aids developed to conduct such training in order to facilitate future training by Owner of additional personnelpersonnel hired after Substantial Completion. If Contractor will be responsible for the acts and omissions of the Owner Personnel while the Owner Personnel are acting pursuant to the directiondetermines, instructionusing GECP, or supervision of Contractor (except to the extent of any refusal or intentional failure by Owner Personnel to comply with such direction, instruction, or supervision). With respect to such acts or omissions, any property damages resulting therefrom shall be deemed to have been performed by that a member of the operations personnel provided by Owner who is under the control of Contractor Group. With respect pursuant to any injury Section 3.29 is not competent, or is not adequately participating in the training, or is not sufficiently capable of performing his or her duties in connection with the Train 3 Liquefaction Facility, and such deficiencies are not the fault of Contractor and cannot be cured by Contractor using GECP, the Contractor may require Owner to or death of such Owner Personnel, such Owner Personnel shall be deemed to be a remove and replace that member of Owner Groupthe operations personnel (provided such personnel have not been designated as Owner’s key personnel).

Appears in 1 contract

Samples: Epc Agreement (NextDecade Corp.)

Training Program in General. As part of the Work, a reasonable number of personnel competent personnel, who are capable of being trained by Contractor, designated by Owner in its sole discretion (but not to exceed the number of Persons listed in Attachment 22) (the “Owner Personnel”V) shall be given a training course designed and administered by ContractorContractor at its expense, which shall be based on the outline of the program requirements contained in Attachment 22. Such training course A and shall cover at a minimum the following topics: (i) the testing of each item of Equipment; (ii) the start-up, operation and shut-down of each item of Equipment; (iii) the performance of routine, preventative and emergency maintenance for each item of Equipment; and (iv) spare parts to be maintained for each item of Equipment, and their installation and removal. Such training shall include instruction for Owner’s operations personnel in the operation and routine maintenance of each item of Equipment prior to completion of Commissioning of each item of Equipment. As part of the training, Contractor shall provide Owner’s operating personnel with access to the Facility during Commissioning, testing and start-up. Training shall be provided by personnel selected by Contractor who, in Contractor’s and the Equipment Subcontractor’s or Sub-subcontractor’s judgment, are qualified to provide such training, and shall take place at such locations and at such times as agreed upon by the Parties. Contractor shall provide the Owner Personnel trainees with materials described in Attachment 22. A. Contractor shall also provide to Owner all training materials and aids developed to conduct such training in order to facilitate future training by Owner of additional personnelpersonnel hired after Substantial Completion. If Contractor will be responsible for the acts and omissions of the Owner Personnel while the Owner Personnel are acting pursuant to the directiondetermines, instructionusing GECP, or supervision of Contractor (except to the extent of any refusal or intentional failure by Owner Personnel to comply with such direction, instruction, or supervision). With respect to such acts or omissions, any property damages resulting therefrom shall be deemed to have been performed by that a member of the operations personnel provided by Owner who is under the control of Contractor Group. With respect pursuant to any injury Section 3.29 is not competent, or is not adequately participating in the training, or is not sufficiently capable of performing his or her duties in connection with the Facility, and such deficiencies are not the fault of Contractor and cannot be cured by Contractor using GECP, the Contractor may require Owner to or death of such Owner Personnel, such Owner Personnel shall be deemed to be a remove and replace that member of Owner Groupthe operations personnel (provided such personnel have not been designated as Owner’s key personnel).

Appears in 1 contract

Samples: Epc Agreement (NextDecade Corp.)

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Training Program in General. As part of the Work, a reasonable number of personnel designated by Owner in its sole discretion (but not to exceed the number of Persons for each Project listed in Attachment 22) (the “Owner Personnel”) shall be given a training course designed and administered by Contractor, which shall be based on the outline of the program contained in Attachment 22. Such training course shall cover at a minimum the following topics: (i) the testing of each item of Equipment; (ii) the start-up, operation and shut-down of each item of Equipment; (iii) the performance of routine, preventative and emergency maintenance for each item of Equipment; and (iv) spare parts to be maintained for each item of Equipment, and their installation and removal. Training shall be provided by personnel selected by Contractor who, in Contractor’s and the Equipment Subcontractor’s or Sub-subcontractor’s judgment, are qualified to provide such training, and shall take place at such locations and at such times as agreed upon by the Parties. Contractor shall provide the Owner Personnel with materials described in Attachment 22. Contractor shall also provide to Owner all training materials and aids developed to conduct such training in order to facilitate future training by Owner of additional personnel. Contractor will be responsible for the acts and omissions of the Owner Personnel while the Owner Personnel are acting pursuant to the direction, instruction, or supervision of Contractor (except to the extent of any refusal or intentional failure by Owner Personnel to comply with such direction, instruction, or supervision). With respect to such acts or omissions, any property damages resulting therefrom shall be deemed to have been performed by a member of Contractor Group. With respect to any injury to or death of such Owner Personnel, such Owner Personnel shall be deemed to be a member of Owner Group.

Appears in 1 contract

Samples: Procurement and Construction Agreement (Tellurian Inc. /De/)

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