Common use of Vendor’s Services Clause in Contracts

Vendor’s Services. Vendor shall perform or provide, or cause to be performed or provided, the following (the “Scope of Work”): (a) supply the equipment, supplies, materials and spares as set forth and in accordance with (i) Exhibit A – Scope of Work and Exhibit B – Vendor Recommended List of Spares (inclusive for all three Ivanpah Projects) to this Agreement, (ii) the Contract Documents, (iii) all Legal Requirements, and (iv) Good Industry Practices, and all ancillary materials, tools, equipment, machinery and temporary facilities necessary for the Vendor to complete its Scope of Work consistent with and pursuant to the Contract Documents; (b) supply the services (including, design, engineering, supervision, labor, inspection, testing, commissioning and start-up, and advisory services) and all Vendor deliverable documents with respect to such services as set forth in Exhibit A – Scope of Work to this Agreement, including the preparation and delivery to Owner no later than September 1, 2011 of Exhibit A-1 – Installation, Commissioning and Start-Up General Plan to this Agreement; and (c) provide the Plant Performance Guarantees set forth in this Agreement. 3.1.1 For the avoidance of doubt and without limiting any of the foregoing provisions of this Section 3.1, Vendor shall, with respect to its Scope of Work, be responsible for: (i) all desiccants, lubricants and other materials necessary to complete the Scope of Work through Substantial Completion as defined in the ECC; (ii) as set forth in Exhibit A – Scope of Work, the storage and transportation of all equipment, supplies and materials DDP to the Site (Incoterms 2000), as specified herein, in accordance with the standard of care described in Section 3.2 below; and (iii) to the extent set forth in Exhibit A – Scope of Work with respect to the Solar Field, commissioning, start-up, testing, calibration, tuning and verification of all components, equipment or controls, and assisting or advising Owner, or Owner’s other contractors, in support of the EPC Contractor’s efforts to achieve Substantial Completion, as defined in the ECC. 3.1.2 All services to be performed pursuant to this Agreement shall be performed by licensed personnel (if required) and in conformity with all Legal Requirements. For the avoidance of doubt, services provided by Vendor under this Agreement shall not include the performance of construction work, except for the provision of supervisory, training and advisory services of workers to the extent required under the Scope of Work and to the extent required in connection with Vendor’s performance of warranty work under Section 9.5 of the Agreement. Vendor’s Representative shall be reasonably available to Owner and shall have the necessary education, expertise and experience required to supervise the Scope of Work. Vendor’s Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of and bind Vendor except to the extent such authority is expressly and specifically limited by a written notice to Owner. Owner is relying upon the expertise of Vendor to complete the Scope of Work in accordance with the terms of this Agreement. Vendor acknowledges Owner’s reliance upon the expertise of Vendor as set forth in this Article 3. 3.1.3 Vendor acknowledges that Owner may employ other contractors and equipment and material suppliers to perform portions of the work which are outside Vendor’s Scope of Work. Vendor agrees to cooperate with Owner, and Owner’s other contractors and equipment and material suppliers, to eliminate or minimize schedule interferences and out-of-sequence work, and to comply with Owner’s master schedule for the Project, as reasonably directed by Owner, for the performance of work necessary to complete the Project in accordance with Owner’s master schedule.

Vendor’s Services. Vendor shall perform or provide, provide or cause to be performed or provided, provided the following (the “Scope of Work”): (a) supply the equipment, supplies, materials and spares Equipment as set forth and in accordance with (i) the scope of work set forth in Exhibit A – Scope of Work and Exhibit B – Vendor Recommended List of Spares (inclusive for all three Ivanpah Projects) to this Agreement, (ii) the Contract Documents, (iii) all Legal Requirements, and (iv) Good Industry Practices, and all ancillary materials, tools, equipment, machinery and temporary facilities necessary for the Vendor to complete its Scope of Work consistent with and pursuant to the Contract Documents;; and (b) supply the services of Services, (including, the design, engineering, supervision, labor, inspection, factory testing, commissioning and start-upother advisory services, and advisory services) and including all Vendor deliverable documents with respect to such services services), as set forth in may be required by Exhibit A – Scope of Work to this AgreementAgreement and including, including the preparation and delivery to Owner no later than September 1, 2011 of Exhibit A-1 – Installation, Commissioning a refined and Start-Up General Plan to this Agreement; and (c) provide the Plant Performance Guarantees set forth in this Agreementexplicated delivery plan. 3.1.1 For the avoidance of doubt and without limiting any of the foregoing provisions of this Section 3.1, Vendor shall, with respect to its Scope of Work, be responsible for: for (i) all desiccantsdessicants, lubricants and other materials necessary to complete the Scope of Work through Substantial Completion as defined in the ECC; Final Completion, and (ii) as set forth in Exhibit A – Scope of WorkA, the storage and transportation Delivery of all equipment, supplies and materials DDP to the Site (Incoterms 2000), as specified herein, Equipment in accordance with the standard of care described in Section 3.2 below; Exhibit K and (iii) to the extent set forth in Exhibit A – Scope of Work with respect to the Solar Field, commissioning, start-up, testing, calibration, tuning and verification of all components, equipment or controls, and assisting or advising Owner, or Owner’s other contractors, in support of the EPC Contractor’s efforts to achieve Substantial Completion, as defined in the ECC.E. 3.1.2 All services Services to be performed pursuant to this Agreement shall be performed by licensed personnel (if where required) and in conformity with all Legal Requirements. For the avoidance of doubt, services provided by Vendor under this Agreement shall not include the performance of construction work, except for the provision of supervisory, training and advisory services of workers to the extent required under the Scope of Work and to the extent required in connection with Vendor’s performance of warranty work under Section 9.5 of the Agreement. Vendor’s Representative shall be reasonably available to Owner Bechtel and shall have the necessary education, expertise and experience required to supervise the Scope of Work. Vendor’s Representative shall communicate regularly with Owner Bechtel and shall be vested with the authority to act on behalf of and bind the Vendor except to the extent such authority is expressly and specifically limited by a written notice to OwnerBechtel. Owner Bechtel is relying upon the expertise of Vendor to complete the Scope of Work in accordance with the terms of this Agreement. Vendor acknowledges Owner’s Xxxxxxx’x reliance upon the expertise of Vendor as set forth in this Article 3. 3.1.3 Vendor acknowledges that Owner Bechtel may employ other contractors subcontractors and equipment and material suppliers to perform portions of the work which are outside Vendor’s Scope of Work. Vendor agrees to cooperate with Owner, Bechtel and Owner’s Xxxxxxx’x other contractors and equipment and material suppliers, suppliers to eliminate or minimize schedule interferences and out-of-sequence work, and to comply with Owner’s Xxxxxxx’x master schedule for the Project, as reasonably directed by OwnerBechtel, for the performance of work necessary or desirable to complete the Project in accordance with Owner’s Xxxxxxx’x master schedule.