UNEXPLODED ORDNANCE Clause Samples
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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. 5.4.1 If any Unexploded Ordnance is discovered in the Concession Area at any time during the Concession Period, the Concessionaire shall:
(a) take all steps required by the Applicable Law in relation to such Unexploded Ordnance;
(b) immediately notify any Public Authority responsible for the disposal of explosives, the Grantor and the Independent Engineer of such discovery;
(c) cease and not carry out any operations which may detonate or in any way interfere with the Unexploded Ordnance or its safe removal and disposal, and take such steps as any appropriate Public Authority may legally require; and
(d) take all necessary steps to protect the lives and safety of any natural persons in the Concession Area or its vicinity.
5.4.2 The Grantor, any appropriate Public Authority and any Person acting on behalf of either of them shall be entitled to have access to the Concession Area for the purposes of investigating any Unexploded Ordnance, drawing up a plan to deal with the Unexploded Ordnance, any related excavation work and/or defusing or otherwise disposing of the Unexploded Ordnance, and the Concessionaire shall provide reasonable assistance to the Grantor, any appropriate Public Authority and/or any Person acting on behalf of either of them.
5.4.3 If compliance with this Article 5.4 requires suspension or delay of the Works, the Parties should refer to the extension procedure provided by Article 14.4.
5.4.4 If the costs of completion of the Works and/or delivery of the Services increase as a direct result of compliance with the requirements of this Article 5.4, then, subject to Article 5.4.5, the Concessionaire shall be entitled to compensation for such increased costs upon the submission by the Concessionaire to the Grantor of data, documents and information evidencing the amount of such increased costs, including any data, documents or information reasonably requested by the Grantor, in all cases certified by the Concessionaire as being accurate and complete. Such compensation shall be provided:
(a) during the Construction Period, by a direct payment from the Grantor to the Concessionaire;
(b) after the end of the Construction Period, by an extension of the Concession Period (subject to the Concessionaire's consent), a direct payment from the Grantor to the Concessionaire or a temporary decrease of the Concession Fee or by any combination of the foregoing.
5.4.5 The Concessionaire shall not be entitled to any extension or costs under this Article 5.4 to t...
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. 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. (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. 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.
