Common use of Fossils and Antiquities Clause in Contracts

Fossils and Antiquities. 17.7.1 As between the parties, all fossils, antiquities and other objects having artistic, historic or monetary value and human remains which may be found on or at all the Sites are or shall become, upon discovery, the absolute property of the Authority; 17.7.2 Upon the discovery of such item during the course of the Works, the Contractor shall: (a) immediately inform the Authority's Representative of such discovery; (b) take all steps not to disturb the object and, if necessary, cease any Works in so far as the carrying out of such Works would endanger the object or prevent or impede its excavation; and (c) take all necessary steps to preserve the object in the same position and condition in which it was found. 17.7.3 The Authority shall procure that the Authority’s Representative promptly, and in any event within five (5) Working Days, issues an instruction to the Contractor specifying what action the Authority’s Representative requires to be taken in relation to such discovery provided that if no instruction is forthcoming within such five (5) Working Days the Contractor may continue to carry out the Works. 17.7.4 The Contractor shall promptly and diligently comply with any instruction issued by the Authority’s Representative referred to in Clause 17.7.3 (Fossils and Antiquities) (except and to the extent that such instruction constitutes an Authority Change pursuant to Clause 17.7.6 (Fossils and Antiquities), in which case the provisions of Clause 52 (Variations) shall apply) at its own cost. 17.7.5 If directed by the Authority’s Representative, the Contractor shall allow representatives of the Authority to enter the Sites for the purposes of removal or disposal of such discovery, provided that such entry shall be subject to the Authority complying with all relevant safety procedures, which shall include any relevant health and safety plans for the refurbishment of the Dwellings from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor’s Representative from time to time. 17.7.6 If any instruction referred to in this Clause 17.7 (Fossils and Antiquities) includes a requirement for the Contractor to suspend the carrying out of the Works and/or to carry out works (being any work of alteration, addition, demolition or extension or variation in the Dwellings and/or Properties) which are not works which would be necessary for the purpose of compliance with Legislation or any Consents, such works shall be deemed to be an Authority Change and the provisions of Clause 52 (Variations) shall apply. 17.7.7 The Authority shall act promptly and diligently in dealing with its obligations hereunder in relation to any find so as to mitigate any effect on the Contractor, the Works and/or Services

Fossils and Antiquities. 17.7.1 8.8.1 As between the partiesParties, all fossils, antiquities and other objects having artistic, historic or monetary value and human remains which may be found on or at all the Sites Site are or shall become, upon discovery, the absolute property of the Authority;. 17.7.2 8.8.2 Upon the discovery of such item during the course of the Works, the Contractor shall: (a) 8.8.2.1 immediately inform notify the Authority's ’s Representative of such discovery; (b) 8.8.2.2 take all steps not to disturb the object item and, if necessary, cease any Works activity in so far as the carrying out of such Works activity would endanger the object or prevent or impede its excavation; and (c) 8.8.2.3 take all necessary steps to preserve the object item in the same position and condition in which it was found. 17.7.3 8.8.3 The Authority shall procure that the Authority’s Representative promptly, and in any event within five fifteen (515) Working DaysBusiness Days after being notified of such discovery, issues an instruction to the Contractor specifying what action the Authority’s Representative requires to be taken in relation to such discovery discovery, provided that if no such instruction is forthcoming within such five (5) Working Days period the Contractor may continue to carry out the Worksrelevant activity. 17.7.4 8.8.4 The Contractor shall promptly and diligently comply with any instruction issued by the Authority’s Representative referred to in Clause 17.7.3 clause 8.8.3 (Fossils and Antiquities) at its own cost (except and to the extent that such instruction constitutes an Authority Change pursuant to Clause 17.7.6 clause 8.8.6 (Fossils and Antiquities), ) in which case the provisions of Clause 52 Schedule 9 (VariationsChange Protocol) shall apply) at its own cost). 17.7.5 8.8.5 If directed by the Authority’s Representative, the Contractor shall allow representatives of the Authority to enter the Sites Site for the purposes of removal or disposal of such discovery, provided that such entry shall be subject to the Authority complying with all relevant safety procedures, which shall include any relevant health and safety plans for the refurbishment of the Dwellings from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor’s Representative from time to time. 17.7.6 8.8.6 If any instruction referred to in this Clause 17.7 clause 8.8.3 (Fossils and Antiquities) includes a requirement for the Contractor to suspend the carrying out provision of the Works Custodial Service (or a part of it) and/or carry out any works and/or other activities, such instruction to suspend and/or to carry out works (being any work of alteration, addition, demolition or extension or variation in the Dwellings and/or Properties) which are not works which would be necessary for the purpose of compliance with Legislation or any Consents, such works and/or other activities shall be deemed to be an Authority Change and the provisions of Clause 52 Schedule 9 (VariationsChange Protocol) shall apply. 17.7.7 8.8.7 The Authority shall act promptly and diligently in dealing with its obligations hereunder in this clause 8.8 (Fossils and Antiquities) in relation to any find so as to mitigate any effect on the Contractor, and/or the Works and/or ServicesCustodial Service.

Fossils and Antiquities. 17.7.1 10.1 As between the parties, all fossils, antiquities and other objects having artistic, historic or monetary value and human remains which may be found on or at all the Sites are or shall become, upon discovery, the absolute property of the Authority;. 17.7.2 10.2 Upon the discovery of such item during the course of the WorksServices, the Contractor Operator Partner shall: (a) 10.2.1 immediately inform the Authority's Representative of such discovery; (b) 10.2.2 take all steps not to disturb the object and, if necessary, cease any Works in so far Services insofar as the carrying out of such Works Services would endanger the object or prevent or impede its excavation; and (c) 10.2.3 take all necessary steps to preserve the object in the same position and condition in which it was found. 17.7.3 10.3 The Authority shall procure that the Authority’s 's Representative promptly, and in any event within five ten (510) Working Business Days, issues an instruction to the Contractor Operator Partner specifying what action the Authority’s 's Representative requires to be taken in relation to such discovery provided that if no such instruction is forthcoming within such five (5) Working Days period the Contractor Operator Partner may continue to carry out the WorksServices. 17.7.4 10.4 The Contractor Operator Partner shall promptly and diligently comply with any instruction issued by the Authority’s 's Representative referred to in Clause 17.7.3 (Fossils and Antiquities) 10.3 at its own cost (except and to the extent that such instruction constitutes an Authority Change pursuant to Clause 17.7.6 (Fossils and Antiquities), 10.6 in which case the provisions of Clause 52 (Variations) the Change Protocol shall apply) at its own cost). 17.7.5 10.5 If directed by the Authority’s 's Representative, the Contractor Operator Partner shall allow representatives of the Authority to enter the Sites for the purposes of removal or disposal of such discovery, provided that such entry shall be subject to the Authority complying with all relevant safety procedures, which shall include any relevant health and safety plans for the refurbishment construction of the Dwellings Facility from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor’s Operator Partner's Representative from time to time. 17.7.6 10.6 If any instruction referred to in this Clause 17.7 (Fossils and Antiquities) 10.3 includes a requirement for the Contractor Operator Partner to suspend the carrying out of the Works Services and/or to carry out works (being any work of alteration, addition, demolition or extension or variation in the Dwellings and/or Propertiesany Facility) which are not works which would be strictly necessary for the purpose of compliance with Legislation or any Necessary Consents, such works or instruction to suspend shall be deemed to be an Authority Change and the provisions of Clause 52 (Variations) the Change Protocol shall apply. 17.7.7 10.7 The Authority shall act promptly and diligently in dealing with its obligations hereunder in this Clause 10 (Fossils and Antiquities) in relation to any find so as to mitigate any effect on the Contractor, Operator Partner and the Works and/or Services.

Fossils and Antiquities. 17.7.1 17.8.1 As between the partiesParties, all fossils, antiquities and other objects having artistic, historic or monetary value and value, human remains or unexploded ordinance which may be found on or at all the Sites are or shall become, upon discovery, the absolute property of the Authority;. 17.7.2 17.8.2 Upon the discovery of such item during the course of the Works, the Contractor shall:shall:- (a) immediately inform the Authority's Representative of such discovery; (b) take all steps not to disturb the object and, if necessary, cease any Works in so far or Services insofar as the carrying out of such Works or Services would endanger the object or prevent or impede its excavation; and (c) take all necessary steps to preserve the object in the same position and condition in which it was found. 17.7.3 17.8.3 The Authority shall procure that the Authority’s 's Representative promptly, and in any event within five (5) Working Days, issues an instruction to the Contractor specifying what action the Authority’s 's Representative requires to be taken in relation to such discovery provided that if discovery. If no such instruction is forthcoming within such five (5) Working Days period, the Contractor may continue to carry out the WorksWorks or Services. 17.7.4 17.8.4 The Contractor shall promptly and diligently comply with any instruction issued by the Authority’s 's Representative referred to in Clause 17.7.3 (Fossils and Antiquities) (clause 17.8.3 at its own cost, except and to the extent that such instruction constitutes an Authority Change pursuant to Clause 17.7.6 (Fossils and Antiquities), clause 17.8.6 in which case the provisions of Clause 52 clause 46 (VariationsChange Protocol) shall apply) at its own cost. 17.7.5 17.8.5 If directed by the Authority’s 's Representative, the Contractor shall allow representatives of the Authority to enter the Sites Site for the purposes purpose of removal or disposal of such discovery, provided that such entry shall be subject to the Authority complying with all relevant safety procedures, which shall include any relevant health and safety plans for the refurbishment of the Dwellings Site from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor’s 's Representative from time to time. 17.7.6 17.8.6 If any instruction or direction referred to in this Clause 17.7 (Fossils and Antiquities) clause 17.8.3 includes a requirement for the Contractor to suspend the carrying out of the Works or Services and/or to carry out works or services at a Site (being any work of alteration, addition, demolition or extension or variation in the Dwellings and/or Propertiesvariation) which are not works Works, suspension of Works or Services or suspension of Services which would be necessary for the purpose of compliance with Legislation law or any Necessary Consents, such suspension, services and/or works shall be deemed to be an Authority Change and the provisions of Clause 52 clause 46 (VariationsChange Protocol) shall apply. 17.7.7 17.8.7 The Authority shall act promptly and diligently in dealing with its obligations hereunder in relation to any find so as to mitigate any effect on the Contractor, the Works and/or the Services.

Fossils and Antiquities. 17.7.1 8.8.1 As between the partiesParties, all fossils, antiquities and other objects having artistic, historic or monetary value and human remains which may be found on or at all the Sites Site are or shall become, upon discovery, the absolute property of the Authority;. 17.7.2 8.8.2 Upon the discovery of such item during the course of the Works, the Contractor shall: (a) 8.8.2.1 immediately inform notify the Authority's ’s Representative of such discovery; (b) 8.8.2.2 take all steps not to disturb the object item and, if necessary, cease any Works activity in so far as the carrying out of such Works activity would endanger the object or prevent or impede its excavation; and (c) 8.8.2.3 take all necessary steps to preserve the object item in the same position and condition in which it was found. 17.7.3 8.8.3 The Authority shall procure that the Authority’s Representative promptly, and in any event within five fifteen (515) Working DaysBusiness Days after being notified of such discovery, issues an instruction to the Contractor specifying what action the Authority’s Representative requires to be taken in relation to such discovery discovery, provided that if no such instruction is forthcoming within such five (5) Working Days period the Contractor may continue to carry out the Worksrelevant activity. 17.7.4 8.8.4 The Contractor shall promptly and diligently comply with any instruction issued by the Authority’s Representative referred to in Clause 17.7.3 clause 8.8.3 (Fossils and Antiquities) at its own cost (except and to the extent that such instruction constitutes an Authority Change pursuant to Clause 17.7.6 clause 8.8.6 (Fossils and Antiquities), ) in which case the provisions of Clause 52 Schedule 8 (VariationsChange Protocol) shall apply) at its own cost). 17.7.5 8.8.5 If directed by the Authority’s Representative, the Contractor shall allow representatives of the Authority to enter the Sites Site for the purposes of removal or disposal of such discovery, provided that such entry shall be subject to the Authority complying with all relevant safety procedures, which shall include any relevant health and safety plans for the refurbishment of the Dwellings from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor’s Representative from time to time. 17.7.6 8.8.6 If any instruction referred to in this Clause 17.7 clause 8.8.3 (Fossils and Antiquities) includes a requirement for the Contractor to suspend the carrying out provision of the Works Custodial Service (or a part of it) and/or carry out any works and/or other activities, such instruction to suspend and/or to carry out works (being any work of alteration, addition, demolition or extension or variation in the Dwellings and/or Properties) which are not works which would be necessary for the purpose of compliance with Legislation or any Consents, such works and/or other activities shall be deemed to be an Authority Change and the provisions of Clause 52 Schedule 8 (VariationsChange Protocol) shall apply. 17.7.7 8.8.7 The Authority shall act promptly and diligently in dealing with its obligations hereunder in this clause 8.8 (Fossils and Antiquities) in relation to any find so as to mitigate any effect on the Contractor, and/or the Works and/or ServicesCustodial Service.

Fossils and Antiquities. 17.7.1 18.7.1 As between the parties, all fossils, antiquities and other objects having artistic, historic or monetary value and human remains which may be found on or at all the Sites are or shall become, upon discovery, the absolute property of the Authority;. 17.7.2 18.7.2 Upon the discovery of such item during the course of the Works, the Contractor shall: (a) : a immediately inform the Authority's ’s Representative of such discovery; (b) , b take all steps not to disturb the object and, if necessary, cease any Works in so far as the carrying out of such Works would endanger the object or prevent or impede its excavation; and (c) , and c take all necessary steps to preserve the object in the same position and condition in which it was found. 17.7.3 18.7.3 The Authority shall procure that the Authority’s Representative promptly, and in any event within five (5) Working Days, issues an instruction to the Contractor specifying what action the Authority’s Representative requires to be taken in relation to such discovery provided that if no instruction is forthcoming within such five (5) Working Days the Contractor may continue to carry out the Works. 17.7.4 18.7.4 The Contractor shall promptly and diligently comply with any instruction issued by the Authority’s Representative referred to in Clause 17.7.3 clause 18.7.3 (Fossils and Antiquitiesantiquities) (except and to the extent that such instruction constitutes an Authority Change pursuant to Clause 17.7.6 clause 18.7.6 (Fossils and Antiquitiesantiquities), in which case the provisions of Clause 52 clause 53 (VariationsAuthority and Contractor changes) shall apply) at its own cost. 17.7.5 18.7.5 If directed by the Authority’s Representative, the Contractor shall allow representatives of the Authority to enter the Sites for the purposes of removal or disposal of such discovery, provided that such entry shall be subject to the Authority complying with all relevant safety procedures, which shall include any relevant health and safety plans for the refurbishment of the Dwellings from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor’s Representative from time to time. 17.7.6 18.7.6 If any instruction referred to in this Clause 17.7 clause 18.7 (Fossils and Antiquitiesantiquities) includes a requirement for the Contractor to suspend the carrying out of the Works and/or to carry out works (being any work of alteration, addition, demolition or extension or variation in the Dwellings and/or and Properties) which are not works which would be necessary for the purpose of compliance with Legislation or any Consents, such works shall be deemed to be an Authority Change and the provisions of Clause 52 clause 53 (VariationsAuthority and Contractor changes) shall apply. 17.7.7 18.7.7 The Authority shall act promptly and diligently in dealing with its obligations hereunder in relation to any find so as to mitigate any effect on the Contractor, the Works and/or Services