UNEXPLODED ORDNANCE. The Company shall procure the scanning of each part of the land in the Development Area which is to be excavated for services, roads, or footpaths, or which will be the site of earthworks, or which will become playing fields or recreation areas as part of the Project, for any unexploded ordnance, (such scanning to be carried out to the satisfaction of the Western Australian State Emergency Service, Warnbro UXO project) prior to carrying out any other work on that part of the land.
UNEXPLODED ORDNANCE. This clause does not apply unless the Contract Particulars states that it applies. If the Contractor considers it has or is likely to have encountered an Unexploded Ordnance, it must: suspend the Remediation Works and any other Contractor's Activities in the vicinity of the Unexploded Ordnance; clearly mark the location of the Unexploded Ordnance; protect the Unexploded Ordnance and not touch or disturb it further; ensure all persons and materials, plant and equipment are kept clear of the Unexploded Ordnance; immediately give the Contract Administrator notice in writing of the Unexploded Ordnance, its features and precise location; comply with any instructions of the Contract Administrator in relation to the Unexploded Ordnance; and comply with clause 8.13. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under clause 6.6(b)(v): determine (in its absolute discretion) whether an Unexploded Ordnance has been encountered; and notify the Contractor and the Commonwealth of the Contract Administrator's determination. If the Contract Administrator determines that an Unexploded Ordnance has been encountered, the Contractor will be entitled to: an extension of time to any relevant Date for Remediation Completion where it is otherwise so entitled under clause 10.8; and be paid by the Commonwealth any extra costs reasonably incurred by the Contractor after the giving of a notice under subparagraph 6.6(b)(v) arising from the Unexploded Ordnance, as determined by the Contract Administrator and added to the Contract Price, subject to the Contractor taking all steps possible to mitigate those extra costs. If the Contract Administrator determines that an Unexploded Ordnance has not been encountered, then the Contractor: must immediately recommence the suspended Remediation Works and other Contractor's Activities; and will not be entitled to bring any Claim against the Commonwealth arising out of or in connection with any action the Contractor was required to take to comply with paragraph (a).
UNEXPLODED ORDNANCE. (a) Nothing in this Agreement or otherwise shall constitute or imply a representation or warranty by or on the part of TfL as to the extent of any Unexploded Ordnance existing or being discovered on or in any land required by Project Co for the Project.
(b) Subject to Schedule 30 (Ground Conditions), Project Co accepts full responsibility for and has made full provision for all costs and risks which may arise from any Unexploded Ordnance existing or being discovered on or in any land required by Project Co for the Project.
(c) If Project Co discovers any Unexploded Ordnance in carrying out its obligations under this Agreement, Project Co shall:
(i) promptly inform the TfL Representative of such discovery; and
(ii) dispose of, or otherwise deal with, the Unexploded Ordnance at all times in accordance with Good Industry Practice, all Applicable Requirements, Schedule 12 (Environmental Requirements), any Necessary Consents, orders, notices or directions of any regulatory body (whether made against TfL or Project Co or any landowner or occupier) and all other provisions of this Agreement.
(d) Without prejudice to Schedule 30 (Ground Conditions), the discovery of any Unexploded Ordnance on or in any land required by Project Co for the Project shall constitute a Relief Event subject to and in accordance with clause 26.2 (Relief Events).
UNEXPLODED ORDNANCE. Following the award of the contract, the Contractor will be provided with the Point of Contact on the Installation, for Unexploded Ordnance (UXO). The Contractor shall inquire via the provided Installation UXO POC as to whether the potential for Unexploded Ordnance (UXO) potential exists in the field location planned for field work, prior to starting any field work. If the potential for UXO exists, the Contractor shall inquire as to whether the work site has been cleared of all UXOs prior to commencement of field activities. If UXOs are discovered during field activities, the contractor shall halt work immediately and report the discovery to the AF base POC and COR via telephone, and be followed by e-mail notification. Additionally, the Contractor shall take action to secure the work site and prevent unauthorized entry. Some actions satisfying notification of AF base POC and securing the site may include, but is not limited to, notification of the AF base command post, security police, fire department or others of authority, once they arrive. Once work has been halted due to the presence or suspected presence of UXO, work shall not commence until notified by the CO after clearance is authorized by Explosive Ordnance Disposal (EOD) personnel.
UNEXPLODED ORDNANCE. For any Works supported under the Project, the Borrower shall ensure that EDC shall not issue a notice to proceed with such Works, until the unexploded ordnance clearance certificate has been obtained for the related construction site.
UNEXPLODED ORDNANCE. The Borrower through MOWRAM shall ensure that all Works contracts contain a provision that in the event UXO clearance is needed, the services of a reputable and experienced mine security organization, acceptable to ADB, shall be engaged to carry out and then certify that the subproject area is clear of UXO.
