Performance of the Works Clause Samples

Performance of the Works. 6.1 The Contractor shall perform the Works in accordance with: (a) Prudent Engineering and Construction Practice; (b) within the rules of the Classification Society as modified by Appendix 1B; (c) the Specifications; (d) Applicable Laws as at the Date of Agreement; (e) the rules, regulations and requirements of the Flag State Registry as at the Date of Agreement; and (f) and any other requirements of this Agreement. The Sub-Contractor shall perform the Sub-Contract Works. The Owner shall co-operate with the Contractor in the efficient and timely performance of this Agreement and the GANDRIA Topsides Agreement so as to avoid any unnecessary cost or expense to the Contractor and any unnecessary impact on the Works. 6.2 The Owner recognises and accepts that the Contractor is reliant on the Owner-nominated Sub-Contractor for the performance of the Sub-Contract Works and does not have the capability to perform the Sub-Contract Works itself. It is the intention of the Parties that the Contractor does not undertake any of the obligations of the Sub-Contractor under the GANDRIA Topsides Agreement, but that the Works shall include but not be limited to the management and co-ordination of the Sub-Contract Works, including expediting the Sub-Contractor and the assembly, installation and integration of the Equipment in accordance with Prudent Engineering and Construction Practice. 6.3 All equipment and materials supplied by the Contractor in the performance of its obligations under this Agreement shall be new and unused (unless agreed otherwise), originally manufactured with certificates of quality and of the Classification Society where normally available. The Contractor shall obtain certificates of the Classification Society where normally available in respect of the Contractor’s Scope. 6.4 All old parts and equipment of the Vessel shall remain the property of the Owner and may be removed by the Owner if it wishes. All materials scrapped except the shaft and propeller shall become the property of the Contractor.

Performance of the Works. 8.1 The Contractor shall deliver to the Principal, within 20 (twenty) Working Days of the date on which this Contract is executed, two copies of the Executive Project for the System, one on paper and one using editable software, for the Principal’s approval. 8.2 Within 10 (ten) days from the Executive Project’s delivery date to the Principal, pursuant to Article 8.1 foregoing hereto, the Principal shall provide the Contractor with its consent or remarks and/or proposals for amendment and integration which are necessary in order to bring into line the Executive Project with the Decree Law and the Technical Specifications. The Contractor shall undertake, at its own expense and without this constituting a reason for requesting any variations to the Consideration, to amend the Executive Project in compliance with the Principal’s proposals. The amended/integrated Executive Project shall be delivered to the Principal within the following 10 (ten) Working Days, in order to obtain the Principal’s approval, provided that in the following 10 (ten) days the Principal shall communicate its decision to the Contractor. 8.3 Once the Executive Project has been approved by the Principal, the latter shall provide the Contractor with a written communication (the “Communication of the Executive Project’s Approval”), and the Parties shall meet within 7 (seven) days of the Contractor’s receipt of said communication, in order to proceed with the delivery of the Area to the Contractor. On delivery of the Area, as a condition to allow the Start of Works, the Contractor shall provide the Principal with evidence that it has entered into the insurances provided under Article 15, in accordance with the terms thereof. 8.4 After delivery of the Area, the Contractor shall set up the site and commence the Start of Works for the System.

Performance of the Works. The Grantor applies to the Concessionaire the penalties for breaches pertaining to the execution of the works set forth in Article 30 of the Master Agreement. 6.1 Procedure for applying penalties

Performance of the Works. 11.1 The Customer shall be responsible for obtaining all Consents and will provide copies of such Consents to Citywide upon request. Citywide shall provide reasonable assistance to the Customer in obtaining Consents (if required) at an hourly rate of $105 plus GST. Where any Consent is refused, the Customer will be liable for all costs incurred by Citywide up to the point of refusal and Citywide may delay performance of the Works until such time that the Consent is obtained. 11.2 Citywide may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in this Agreement. 11.3 Any time specified by Citywide for delivery of the Works is an estimate only and Citywide will not be liable for any loss or damage incurred by the Customer as a result of delivery being late.

Performance of the Works. 9.1. Where the Works are to be performed on Site the Customer: warrants that all permits necessary for the installation of the Goods and the provision of the Works have been obtained and that the Site is safe; and, grants Affinity Roofing SC (and any persons authorised by it) a licence to access the Site to perform the Works. 9.2. The Contractor shall provide and maintain adequate safety railings, scaffolding, and/or other appropriate safety measures/equipment to ensure the safety of workers, and prevent falls from heights during the installation process. 9.3. Affinity Roofing SC will not be liable for (and the Customer releases and indemnifies Affinity Roofing SC from and against all claims in relation to) any damage or destruction to the Site or any property located on the Site, except damage or destruction resulting from or caused by Affinity Roofing SC or any personsauthorised by it.

Performance of the Works. (a) The Contractor represents and warrants to Horizon Power that the Contractor: (1) will, at all times, ensure that the Contractor is suitably qualified and experienced, and the Contractor exercises the skill, care and diligence expected of a contractor in carrying out the work of a nature similar to the Works; (2) subject to clause 6, will engage and retain subcontractors who are suitably qualified and experienced and must coordinate the activities of the subcontractors so that the Works are performed and completed in a proper and workmanlike manner and in accordance with the Contract; (3) will be responsible for any damage to the Customer’s property; (4) will, and ensure that any and all subcontractors or other persons engaged in the provision of the Works will, comply with all work health and safety Laws and Horizon Power’s work health and safety requirements as set out in Annexure 1; (5) will perform and complete the Works so that the Works are in accordance with all Laws; and (6) will carry out the Works in accordance with Good Industry Practice and compliance with relevant Australian standards and codes. (b) At any time during the term of this Contract: (1) a Customer may request the Contractor to give a quote for the Works to the Customer; (2) within 5 Business Days of a request, the Contractor must give notice to the Customer as to whether the Contractor can give the Customer a quote; (3) if the Contractor notifies the Customer that the Contractor can give a quote, within 15 Business Days of the notice, the Contractor must attend the Customer’s premises and provide the Customer with a written quote for performance of the Works which includes the Contract Price and the timeframe for performance of the Works (Customer Quote). The Customer Quote must be open and available for acceptance for a period of 60 days; and (4) if the Customer accepts the Customer Quote, the Contractor and the Customer must enter into the Contractor’s Trade Terms, or terms substantially similar to the Contractor’s Trade Terms, (Customer Contract) and the Contractor must perform the Works at its own cost and risk and in accordance with the time agreed between the Contractor and the Customer. The Contractor acknowledges that if the Contractor does not commence or complete performance of the Works within the timeframe as agreed with the Customer, the Customer may terminate the Customer Contract with immediate effect and the Customer may engage another contractor to perform the W...

Performance of the Works. The Organisation must: (a) appoint a Construction Project Manager to supervise the Works and to provide certification regarding the conduct of the Works as and if required to do so by the Commonwealth; (b) comply with the timeframes (if any) specified in the approved Project Plan and otherwise comply with the timeframes specified in the Deliverables and Milestones Schedule for completion of the Works and the Project more generally; and (c) ensure that the Works are carried out: (i) in accordance with the Approvals for the Works; (ii) in accordance with the Project Plan and Project Budget; (iii) in accordance with the requirements and standards of all Laws applicable to the Works; (iv) diligently, effectively and to a high professional standard; and (v) so as to ensure that the Works will be fit for the Designated Use.

Performance of the Works. 3.1. The CONTRACTOR, as the sole party responsible for the performance of the contracted works, will perform them strictly in accordance with the Project, APPENDIX I, and the instructions of the OWNER and the Architectural Supervision Team, on the understanding that if they are not carried out in accordance with good building practice, the CONTRACTOR will be obliged to demolish and rectify them at its own expense as soon as possible and in any case within fifteen (15) days of the notification sent to it to that effect by the Architectural Supervision Team, without being able to rely on the conformity given to the materials or the inspections previously conducted by the Architectural Supervision Team as a pretext. However, in exceptional cases, this period may be exceeded if duly justified and substantiated in writing by the CONTRACTOR. The Architectural Supervision Team will be the only competent authority to interpret the Project and to judge the quality of the works carried out and the materials used. In the event that the CONTRACTOR does not remedy the situation within the above time limit, the OWNER, after warning the CONTRACTOR, will be entitled to do so directly or through other contractors, at the CONTRACTOR's expense and to deduct the amount of these duly justified expenses, either from future Works Certificates, from the amount of the withholdings, or from the bank guarantees provided to the OWNER. 3.2. The CONTRACTOR will not halt the performance of the works for any reason, except in the cases expressly provided for in Clauses 7.4, 18, 19.3 and 19.4 of this Contract. 3.3. The Contractor will coordinate and provide the necessary water and electricity consumption and general surveillance of the Works outside working hours. 3.4. The existence of an external Quality Control of the works does not exempt the CONTRACTOR from the responsibility of carrying out its own quality control of the works to be performed.

Performance of the Works. 5.1. The Works shall be performed according to the terms of the present Agreement. In case of necessity of changing the Work program and Work procedure (Appendix 2) due to the risk of loss or for any other reason appeared before the Company and Contractor, they shall come to a common decision about how to act in the best way. 5.2. The Contractor shall perform the Works adequately, in accordance with the accepted standards of the geophysical industry properly using a qualified personnel and equipment according to the environmental and safety laws existing in the Republic of Kazakhstan. 5.3. The Works shall be performed in physically accessible areas only. The Contractor shall not perform works in any area which after discussion with the Company is considered reasonably too dangerous or risky. 5.4. During the fulfillment of his obligations under the Agreement the Contractor shall fulfill the requirements of the drawings, plans, technical specifications and other documentation taking into account all the conditions and circumstances occurring during the performance of the Works. The information provided by the Company for the Contractor shall be reasonable, and the Company shall be responsible for the accuracy and completeness of such information. In this regard the Contractor shall not bear responsibility to the competent authorities for the location and justification of the Agreement area of survey, providing an absolute performance of seismic studies in accordance with the officially approved and written tasks of the Company given to the Contractor. 5.5. The Contractor shall have the right to use subcontractors for the performance of the works, and in this case he will act as a Customer. The Contractor shall bear full responsibility to the Company for the activities of the subcontractors and their personnel.