Common use of WORK COMMENCEMENT AND COMPLETION Clause in Contracts

WORK COMMENCEMENT AND COMPLETION. ‌ Provider shall commence performing the Work promptly upon the Company’s issuance of an Order. Work shall continue as provided under the Order unless terminated pursuant to Article XIII. Provider agrees that time is of the essence in performing the Work and that a delay (including Subcontractors’) in performing the Work shall constitute a material breach. PROVIDER’S RESPONSIBILITIES‌ Provider shall perform Work in a safe, diligent, professional and workmanlike manner consistent with similar work competent providers in its industry perform. All Work shall be performed to Company’s reasonable satisfaction. The Company shall determine the Work amount, quality, acceptability and fitness and materials furnished and shall have full power to reject Work performed which, in its opinion, does not fully conform to the Agreement. Work conditions that exist or difficulties that may be encountered shall not relieve Provider of any failure or omission on Provider’s part to fulfill Work requirements. If Company rejects Work, Provider shall immediately remove and replace by other Work that Company accepts at Provider's sole cost. Provider shall exercise particular care in the handling, installing and erecting all materials and in Work performance, and shall not disturb or damage in any way the existing or adjoining structures or equipment or work other providers perform. Provider shall repair or replace, at its own expense, any structure or equipment or other provider’s work that Provider damages. Provider must report immediately any damage to Company. In addition to the Agreement requirements and Provider’s safety and health program, Provider shall utilize all necessary devices, safeguards and practices in Work performance so as to properly protect the safety and health of its own employees, Company employees Subcontractor’s employees and other providers’ employees and the public who may at any time be in the Work vicinity, including providing portable eye wash stations or wash bottles if Provider’s employees will be using and/or exposed to corrosive chemicals or materials that could damage eyes. If the Company determines that additional measures are necessary to provide safe and healthful working conditions, Provider shall adopt, follow and maintain such measures at its own expense. Provider shall fully inform its employees and its Subcontractors’ employees concerning the requirements contained in the Company's applicable protective procedures manual which have been established to insure the safety and health of persons working in close proximity to or on electrical and mechanical equipment and structures and shall carefully observe such requirements as a part of all operations (including but not limited to the connecting, disconnecting and/or grounding of all circuits, piping and equipment) associated with the Work performance or in the vicinity thereof and shall adopt proper measures to protect all persons against safety and health hazards resulting from all dangers and defects in the premises on which the Work is performed, the surrounding premises and approaches thereto. Provider shall provide details of any incident(s) or accident(s) to a Company representative. All incidents or accidents are to be reported in the same work shift in which they occur. Company shall have the right to suspend all or any portion of the Work where it has determined that such Work is not being performed in a proper manner so as to meet the requirements set forth herein, and such Work shall not be resumed until Company's requirements have been met and Company direct, Provider to resume such Work. Provider shall, and shall cause its Subcontractors, and its and their respective employees and agents to, comply at all times with and bear all costs associated with Law compliance. Provider shall pay all fines and penalties resulting from conditions created by or under Provider or Subcontractors even though such fines may be levied against Company. Moreover, Provider shall (and shall cause Subcontractors to), at its own cost and expense, apply for and obtain all permits and licenses required for Work performance or completion. Provider shall upon Companies request provide copies of permits and licenses required to perform Work by the Provider. Provider shall (and shall cause Subcontractors to) make, keep and leave the premises in a safe condition. If any Work performed or materials or supplies Provider delivered are interpreted as being utilized in rendering or furnishing service to United States of America‌ agencies, Provider: (i) shall comply with all applicable terms and conditions set forth in Federal Acquisition Regulations; and (ii) agrees that the United States of America Comptroller General, or any of its duly authorized representatives, shall have access to and the right to examine any of Provider’s relevant books, documents, papers and records involving this Agreement or the Work until the expiration of three (3) years after Agreement final payment. Provider agrees that it and each Subcontractor shall to the extent applicable:

WORK COMMENCEMENT AND COMPLETION. ‌ Provider shall commence performing the Work promptly upon the Company’s issuance of an Order. Work shall continue as provided under the Order unless terminated pursuant to Article XIII. Provider agrees that time is of the essence in performing the Work and that a delay (including Subcontractors’) in performing the Work shall constitute a material breach. PROVIDER’S RESPONSIBILITIES‌ Provider shall perform Work in a safe, diligent, professional and workmanlike manner consistent with similar work competent providers in its industry perform. All Work shall be performed to Company’s reasonable satisfaction. The Company shall determine the Work amount, quality, acceptability and fitness and materials furnished and shall have full power to reject Work performed which, in its opinion, does not fully conform to the Agreement. Work conditions that exist or difficulties that may be encountered shall not relieve Provider of any failure or omission on Provider’s part to fulfill Work requirements. If Company rejects Work, Provider shall immediately remove and replace by other Work that Company accepts at Provider's sole cost. Provider shall exercise particular care in the handling, installing and erecting all materials and in Work performance, and shall not disturb or damage in any way the existing or adjoining structures or equipment or work other providers perform. Provider shall repair or replace, at its own expense, any structure or equipment or other provider’s work that Provider damages. Provider must report immediately any damage to Company. In addition to the Agreement requirements and Provider’s safety and health program, Provider shall utilize all necessary devices, safeguards and practices in Work performance so as to properly protect the safety and health of its own employees, Company employees Subcontractor’s employees and other providers’ employees and the public who may at any time be in the Work vicinity, including providing portable eye wash stations or wash bottles if Provider’s employees will be using and/or exposed to corrosive chemicals or materials that could damage eyes. If the Company determines that additional measures are necessary to provide safe and healthful working conditions, Provider shall adopt, follow and maintain such measures at its own expense. Provider shall fully inform its employees and its Subcontractors’ employees concerning the requirements contained in the Company's applicable protective procedures manual which have been established to insure the safety and health of persons working in close proximity to or on electrical and mechanical equipment and structures and shall carefully observe such requirements as a part of all operations (including but not limited to the connecting, disconnecting and/or grounding of all circuits, piping and equipment) associated with the Work performance or in the vicinity thereof and shall adopt proper measures to protect all persons against safety and health hazards resulting from all dangers and defects in the premises on which the Work is performed, the surrounding premises and approaches thereto. Provider shall provide details of any incident(s) or accident(s) to a Company representative. All incidents or accidents are to be reported in the same work shift in which they occur. Company shall have the right to suspend all or any portion of the Work where it has determined that such Work is not being performed in a proper manner so as to meet the requirements set forth herein, and such Work shall not be resumed until Company's requirements have been met and Company direct, Provider to resume such Work. Provider shall, and shall cause its Subcontractors, and its and their respective employees and agents to, comply at all times with and bear all costs associated with Law compliance. Provider shall pay all fines and penalties resulting from conditions created by or under Provider or Subcontractors even though such fines may be levied against Company. Moreover, Provider shall (and shall cause Subcontractors to), at its own cost and expense, apply for and obtain all permits and licenses required for Work performance or completion. Provider shall upon Companies request provide copies of permits and licenses required to perform Work by the Provider. Provider shall (and shall cause Subcontractors to) make, keep and leave the premises in a safe condition. If any Work performed or materials or supplies Provider delivered are interpreted as being utilized in rendering or furnishing service to United States of America‌ America agencies, Provider: (i) shall comply with all applicable terms and conditions set forth in Federal Acquisition Regulations; and (ii) agrees that the United States of America Comptroller General, or any of its duly authorized representatives, shall have access to and the right to examine any of Provider’s relevant books, documents, papers and records involving this Agreement or the Work until the expiration of three (3) years after Agreement final payment. payment.‌‌ Provider agrees that it and each Subcontractor shall to the extent applicable: