General Design Obligations. The Contractor shall be responsible for the ISBL Design of the Works, except as stated below. The Contract Awarder shall not be responsible for any error, inaccuracy or omission of any kind in the Contract Awarder's Requirements as originally included in the Contract and shall not be deemed to have given any representation of accuracy or completeness of any data or information, except as stated below. Any data or information received by the Contractor, from the Contract Awarder or otherwise, shall not relieve the Contractor from his responsibility for the execution of the Works. However, the Contract Awarder shall be responsible for the correctness of the following portions of the Contract Awarder's Requirements and of the following data and information provided by (or on behalf of) the Contract Awarder: (a) portions, data and information which are stated in the Contract as being immutable or the responsibility of the Contract Awarder, (b) definitions of intended purposes of the Works or any parts thereof; (c) criteria for the testing and performance of the completed Works; (d) portions, data and information which cannot be verified by the Contractor, except as otherwise stated in the Contract; (e) the design of the Works or any parts thereof; (f) any data and information as provided by the Contract Awarder under the Contract Agreement and in particular but without limiting the generality of the foregoing, Article 4.3
Appears in 2 contracts
Sources: Contract Agreement (Renewable Fuel Corp), Contract Agreement (Renewable Fuel Corp)
General Design Obligations. (a) The Contractor shall be deemed to have scrutinised, prior to the Commencement Date, the Employer's Requirements (including design criteria and calculations, if any). The Contractor shall be responsible for the ISBL Design design of the WorksWorks and for the accuracy of the Employer's Requirements (including design criteria and calculations whether performed or procured by the Employer/s or others), except as stated expressly set out in clause 5.1(c) below. .
(b) The Contract Awarder Employer shall not be responsible for any error, inaccuracy or omission of any kind in the Contract AwarderEmployer's Requirements as originally included in the Contract and shall not be deemed to have given any representation of accuracy or completeness of any data or information, except as stated below. Any data or information received by the Contractor, from the Contract Awarder Employer/s or otherwise, shall not relieve the Contractor from his responsibility for the design and execution of the Works. .
(c) However, the Contract Awarder Employer/s shall be responsible for the correctness of the following portions of the Contract AwarderEmployer's Requirements and of the following data and information provided by (or on behalf of) the Contract AwarderRequirements:
(a) portions, data and information which are stated in the Contract as being immutable or the responsibility of the Contract Awarder,
(bi) definitions of intended purposes of the Works or any parts thereof;
, (cii) criteria for the testing and performance of the completed Works;
(d) portions, data and information which cannot be verified by the Contractor, except as otherwise stated in the Contract;
(e) the design of the Works or any parts thereof;
(f) any data and information as provided by the Contract Awarder under the Contract Agreement and in particular but without limiting the generality of the foregoing, Article 4.3.
Appears in 1 contract
Sources: Public Private Partnership Agreement