Contractor Solution Sample Clauses
Contractor Solution. 5.1 Notwithstanding that the Contractor may successfully achieve Commissioning, this does not confer upon the Contractor any acknowledgement or acceptance by the Authority that the Contractor Solution for delivery of the Services and the Equipment will be sufficient to deliver the Services and the Equipment in accordance with the Service Levels and the other requirements of this Contract. The Contractor remains solely responsible for the risk that the Contractor Solution may not actually fulfil the requirements of this Contract.
5.2 The Contractor acknowledges and accepts that, notwithstanding that the Authority has provided the Specification:
5.2.1 the Contractor Solution and any other ideas, methods, concepts or theories (including any “proof of concept” synopsis, Milestone or feasibility demonstration in connection with the Services and/or the Equipment):
5.2.1.1 will be verifiable, verified, demonstrable, demonstrated and capable of use and used for the purposes of this Contract; and
5.2.1.2 satisfy the Authority’s requirements as set out in the Specification; and
5.2.2 the Equipment provided under this Contract will be fit for purpose for the provision of the Services and for all other administration, enforcement and compliance activities undertaken by the MPS and the Authority, as applicable.
5.3 Subject to Clause 5.4, the Contractor acknowledges and accepts that, notwithstanding that the Authority has provided the Specification:
5.3.1 the Contractor has full knowledge and understanding of the Specification and warrants that the Specification is fit for purpose for the provision of the:
5.3.1.1 successful design, build and operation of the Equipment; and
5.3.1.2 Services required under this Contract; and
5.3.2 no fault, error or defect in the Specification will absolve the Contractor from its obligations to provide the Services and Equipment in accordance with the provisions of this Contract.
5.4 The Contractor will not have any liability under Clause 5.3 to the extent that the Contractor:
5.4.1 could not reasonably be expected to have identified defects in the Specification; and/or
5.4.2 has notified the Authority of defects in writing before the Contract Commencement Date; and/or
5.4.3 has notified the Authority of any defects in writing in relation to a proposed change before any change requested by the Authority is implemented.
5.5 In the event, and only to the extent, of any conflict between the provisions of the Specification and the provisions...
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