Common use of RESPONSIBILITY OF THE BUILDER Clause in Contracts

RESPONSIBILITY OF THE BUILDER. (a) The BUILDER shall provide the BUYER'S REPRESENTATIVE and his assistants free of charge with suitably furnished office space at, or in the immediate vicinity of, the SHIPYARD together with telephone, facsimile, internet and printing facilities, and access to photocopying machines in commonly shared areas, as may be necessary to enable the BUYER'S REPRESENTATIVE and his assistants to carry out their work under this CONTRACT. However, the BUYER shall pay for the telephone or facsimile facilities used by the BUYER'S REPRESENTATIVE or his assistants. The BUILDER, its employees, agents and subcontractors, during its working hours until delivery of the VESSEL, shall arrange for the BUYER's REPRESENTATIVE and his assistants to have free and ready access to the VESSEL, her equipment and accessories, and to any other place (except the areas controlled for the purpose of national security) where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL including the premises of sub-contractors. The BUYER'S REPRESENTATIVE or his assistants or employees shall observe the work's rules, regulations and the guidances prevailing at the BUILDER's and its sub-contractor's premises. The BUILDER shall promptly provide to the BUYER'S REPRESENTATIVE and/or his assistants and shall ensure that its sub-contractors shall promptly provide all such information as he or they may reasonably request in connection with the construction of the VESSEL and her engines, equipment and machinery.

RESPONSIBILITY OF THE BUILDER. (a) The BUILDER shall provide the BUYER'S REPRESENTATIVE and his assistants free of charge with suitably furnished office space at, or in the immediate vicinity of, the SHIPYARD together with telephone, facsimile, internet and printing facilities, and access to photocopying machines in commonly shared areas, telephone and facsimile facilities as may be necessary to enable the BUYER'S REPRESENTATIVE and his assistants to carry out their work under this CONTRACT. However, the BUYER shall pay for the telephone or facsimile facilities used by the BUYER'S REPRESENTATIVE or his assistants. The BUILDER, its employees, agents and subcontractors, during its working hours until delivery of the VESSEL, shall arrange for the BUYER's REPRESENTATIVE and his assistants them to have free and ready access to the VESSEL, her equipment and accessories, and to any other place (except the areas controlled for the purpose of national security) where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL including the premises of sub-contractorsor subcontractors. The BUYER'S REPRESENTATIVE or his assistants or employees shall observe the work's rules, rules and regulations and the guidances prevailing at the BUILDER's and its sub-contractor's premises. The BUILDER shall promptly provide to the BUYER'S REPRESENTATIVE and/or his assistants and shall ensure that its sub-contractors shall promptly provide all such information as he or they may reasonably request in connection with the construction of the VESSEL and her engines, equipment and machinery. (b) The BUYER'S REPRESENTATIVE and his assistants shall at all times remain the employees of the BUYER. The BUILDER shall not be liable to the BUYER or the BUYER'S REPRESENTATIVE or to his assistants or to the BUYER's employees or agents for personal injuries, including death, during the time they, or any of them, are on the VESSEL, or within the premises of either the BUILDER or its sub-contractors, or are otherwise engaged in and about the construction of the VESSEL, unless, however, such personal injuries, including death, are caused by the gross negligence of the BUILDER, its sub-contractors, or its or their employees or agents. The BUILDER shall not be liable to the BUYER for damages to, or destruction of property of the BUYER or of the BUYER'S REPRESENTATIVE or his assistants of the BUYER's employees or agents, unless such damages, loss or destruction is caused by the gross negligence of the BUILDER, its sub-contractors, or its or their employees or agents.

RESPONSIBILITY OF THE BUILDER. (ai) The BUILDER Builder shall provide furnish the BUYER'S REPRESENTATIVE Buyer’s Representative and his assistants the Buyer’s Representative’s assistant(s), free of charge charge, with suitably furnished office space with adequate lighting, heating, air conditioning and electricity at, or in the immediate vicinity of, of the SHIPYARD Shipyard together with telephone, facsimile, internet Internet and printing facilities, use of e-mail and access to photocopying machines in commonly shared areas, telefax facilities as may be necessary to enable the BUYER'S REPRESENTATIVE and Buyer’s Representative and/or his assistants assistant(s) to carry out their work under this CONTRACTContract. HoweverThe Buyer, the BUYER however, shall pay for the telephone or facsimile facilities used bear all communication charges including telephone, telefax, e-mail and etc. incurred by the BUYER'S REPRESENTATIVE his representatives or his assistantsassistant(s) payable against vouchers. The BUILDERBuilder, its employees, agents and subcontractors, during its working hours all reasonable times until delivery of the VESSELVessel, shall give them full co-operation in carrying out their duties and arrange for the BUYER's REPRESENTATIVE and his assistants them to have free and ready access to the VESSELVessel, her equipment and accessories, and to any other place (except the areas controlled for the purpose of national security) where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL Vessel, including the premises of sub-contractorssubcontractors. The BUYER'S REPRESENTATIVE Buyer’s Representative or his assistants assistant(s) or employees shall observe the work's rules, work rules and regulations and the guidances prevailing at the BUILDER's Builder’s and its sub-contractor's subcontractors’ premises. The BUILDER Builder shall promptly provide to the BUYER'S REPRESENTATIVE Buyer’s Representative and/or his assistants assistant(s) and shall ensure secure that its sub-contractors subcontractors shall promptly provide all such information as he or they may reasonably request in connection with the construction of the VESSEL Vessel and her engines, equipment and machinery. (ii) The Buyer’s Representative and his assistant(s) shall at all times remain as the employees of the Buyer. The Builder shall not be liable to the Buyer, or the Buyer’s Representative or his assistant(s) or the Buyer’s employees or agents for personal injuries, including death, during the time they, or any of them, are on the Vessel, or within the premises of either the Builder or his subcontractors, or are otherwise engaged in and about the construction of the Vessel, unless, however, such personal injuries, including death are caused by the negligence of the Builder, its subcontractor or its employees or agents. The Builder undertakes to ensure an effective, visible and workable Health, Safety and Environment system is in place according to the Builder’s shipbuilding practice. The Builder shall not be liable to the Buyer, or the Buyer’s Representative or his assistant(s) or the Buyer’s employees or agents for damages to, or loss or destruction of personal property of the Buyer, or of the Buyer’s Representative or his assistant(s) or of the Buyer’s employees or agents, unless such damages, loss or destruction were caused by negligence of the Builder, or its subcontractors or its employees or agents. (iii) The Builder shall build and outfit the Vessel according to this Contract at its shipyards at Tongyoung, Deokpo and Sacheon, Gyeongsangnam-do, Korea (the “Shipyard”) using its own shipyard organisation. The Builder is, however, authorised to sub-contract part of the work to third party sub-contractors who will carry out works in accordance with the standards of this Contract, provided that the work is done in Korea and the Builder shall have first given notice in writing to the Buyer. Without prejudice to the generality of the foregoing the Builder shall remain fully liable for the due and complete performance of all the Builder’s obligations under this Contract notwithstanding the entering into of any such sub-contract as aforesaid. However, the Vessel shall always remain at the Shipyard unless the Buyer and the Builder agree otherwise. No sub-contract shall bind or purport to bind the Buyer, and each sub-contract shall be the responsibility of the Builder and not contain any retention rights, liens or other such rights that may interfere at anytime with the ownership of the Vessel by the Buyer. All sub-contractors howsoever employed or engaged are hereby declared and agreed to be sub-contractors employed or engaged by the Builder and the Builder agrees that it is and shall remain fully responsible for and liable in respect of any sub-contractors and/or their acts or omissions and, without prejudice to the generality of the foregoing, the Builder shall ensure control over supervision and scheduling of the all work done by any subcontractor. The Builder hereby agrees that if any of its employees, servants or agents or those of the sub-contractors appointed pursuant to this Contract shall, in the reasonable opinion of the Buyer, not be carrying out properly their duties and responsibilities under or pursuant to the terms of this Contract, the Buyer shall be entitled (by giving written notice to the Builder) to draw the same to the attention of the Builder and, if the Buyer considers it necessary, to request the Builder to replace such person(s) if the same are its own employees, servants or agents, or to use its best endeavours to replace such person(s) if the same are the employees, servants or agents of a sub-contractor. The Builder shall investigate any such request, and, if found justified, take appropriate action. Any such replacement shall be within such a time scale so as to ensure that the Builder continues to carry out all of its duties and obligations under or pursuant to this Contract. Buyers inspection and final assembly of any subcontracted work shall be at the Builders Shipyard. The Builder will arrange for the Buyer to execute pre-production inspection of sub-contractors premises by providing reasonable advanced notice to inspect the facility. Buyers retain the right to inspect vetting records by Builders Quality Control Department confirming certification and compliance with the Builders quality standards.

RESPONSIBILITY OF THE BUILDER. (a) The BUILDER shall provide the BUYER'S REPRESENTATIVE and his assistants free of charge with suitably furnished office space at, or in the immediate vicinity of, the SHIPYARD together with telephone, facsimile, internet and printing facilitiesfacilities , and access to photocopying machines in commonly shared areas, as may be necessary to enable the BUYER'S REPRESENTATIVE and his assistants to carry out their work under this CONTRACT. However, the BUYER shall pay for the telephone or facsimile facilities used by the BUYER'S REPRESENTATIVE or his assistants. The BUILDER, its employees, agents and subcontractors, during its working hours until delivery of the VESSEL, shall arrange for the BUYER's REPRESENTATIVE and his assistants to have free and ready access to the VESSEL, her equipment and accessories, and to any other place (except the areas controlled for the purpose of national security) where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL including the premises of sub-contractors. The BUYER'S REPRESENTATIVE or his assistants or employees shall observe the work's rules, regulations and the guidances prevailing at the BUILDER's and its sub-contractor's premises. The BUILDER shall promptly provide to the BUYER'S REPRESENTATIVE and/or his assistants and shall ensure that its sub-contractors shall promptly provide all such information as he or they may reasonably request in connection with the construction of the VESSEL and her engines, equipment and machinery.

RESPONSIBILITY OF THE BUILDER. (a) The BUILDER shall provide the BUYER'S REPRESENTATIVE and his assistants free of charge with suitably furnished office space at, or in the immediate vicinity of, the SHIPYARD together with telephone, facsimile, internet and printing facilities, facilities and access to photocopying machines in commonly shared areas, as may be necessary to enable the BUYER'S REPRESENTATIVE and his assistants to carry out their work under this CONTRACT. However, the BUYER shall pay for the telephone or facsimile facilities used by the BUYER'S REPRESENTATIVE or his assistants. The BUILDER, its employees, agents and subcontractors, during its working hours until delivery of the VESSEL, shall arrange for the BUYER's REPRESENTATIVE and his assistants to have free and ready access to the VESSEL, her equipment and accessories, and to any other place (except the areas controlled for the purpose of national security) where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL including the premises of sub-contractors. The BUYER'S REPRESENTATIVE or his assistants or employees shall observe the work's rules, regulations and the guidances prevailing at the BUILDER's and its sub-contractor's premises. The BUILDER shall promptly provide to the BUYER'S REPRESENTATIVE and/or his assistants and shall ensure that its sub-contractors shall promptly provide all such information as he or they may reasonably request in connection with the construction of the VESSEL and her engines, equipment and machinery.

RESPONSIBILITY OF THE BUILDER. (ai) The BUILDER Builder shall provide furnish the BUYER'S REPRESENTATIVE Buyer’s Representative and his assistants the Buyer’s Representative’s assistant(s), free of charge charge, with suitably furnished office space with adequate lighting, heating, air conditioning and electricity at, or in the immediate vicinity of, of the SHIPYARD Shipyard together with telephone, facsimile, internet Internet and printing facilities, use of e-mail and access to photocopying machines in commonly shared areas, telefax facilities as may be necessary to enable the BUYER'S REPRESENTATIVE and Buyer’s Representative and/or his assistants assistant(s) to carry out their work under this CONTRACTContract. HoweverThe Buyer, the BUYER however, shall pay for the telephone or facsimile facilities used bear all communication charges including telephone, telefax, e-mail and etc. incurred by the BUYER'S REPRESENTATIVE his representatives or his assistantsassistant(s) payable against vouchers. The BUILDERBuilder, its employees, agents and subcontractors, during its working hours all reasonable times until delivery of the VESSELVessel, shall give them full co-operation in carrying out their duties and arrange for the BUYER's REPRESENTATIVE and his assistants them to have free and ready access to the VESSELVessel, her equipment and accessories, and to any other place (except the areas controlled for the purpose of national security) where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL Vessel, including the premises of sub-contractorssubcontractors. The BUYER'S REPRESENTATIVE Buyer’s Representative or his assistants assistant(s) or employees shall observe the work's rules, work rules and regulations and the guidances prevailing at the BUILDER's Builder’s and its sub-contractor's subcontractors’ premises. The BUILDER Builder shall promptly provide to the BUYER'S REPRESENTATIVE Buyer’s Representative and/or his assistants assistant(s) and shall ensure secure that its sub-contractors subcontractors shall promptly provide all such information as he or they may reasonably request in connection with the construction of the VESSEL Vessel and her engines, equipment and machinery. (ii) The Buyer’s Representative and his assistant(s) shall at all times remain as the employees of the Buyer. The Builder shall not be liable to the Buyer, or the Buyer’s Representative or his assistant(s) or the Buyer’s employees or agents for personal injuries, including death, during the time they, or any of them, are on the Vessel, or within the premises of either the Builder or his subcontractors, or are otherwise engaged in and about the construction of the Vessel, unless, however, such personal injuries, including death are caused by the negligence of the Builder, its subcontractor or its employees or agents. The Builder undertakes to ensure an effective, visible and workable Health, Safety and Environment system is in place according to the Builder’s shipbuilding practice. The Builder shall not be liable to the Buyer, or the Buyer’s Representative or his assistant(s) or the Buyer’s employees or agents for damages to, or loss or destruction of personal property of the Buyer, or of the Buyer’s Representative or his assistant(s) or of the Buyer’s employees or agents, unless such damages, loss or destruction were caused by negligence of the Builder, or its subcontractors or its employees or agents. (iii) The Builder shall build and outfit the Vessel according to this Contract at its shipyards at Tongyoung, Deokpo and Sacheon, Gyeongsangnam-do, Korea (the “Shipyard”) using its own shipyard organisation. The Builder is, however, authorised to sub-contract part of the work to third party sub-contractors who will carry out works in accordance with the standards of this Contract, provided that the work is done in Korea and the Builder shall have first given notice in writing to the Buyer. Without prejudice to the generality of the foregoing the Builder shall remain fully liable for the due and complete performance of all the Builder’s obligations under this Contract notwithstanding the entering into of any such sub-contract as aforesaid. However, the Vessel shall always remain at the Shipyard unless the Buyer and the Builder agree otherwise. No sub-contract shall bind or purport to bind the Buyer, and each sub-contract shall be the responsibility of the Builder and not contain any retention rights, liens or other such rights that may interfere at anytime with the ownership of the Vessel by the Buyer. All sub-contractors howsoever employed or engaged are hereby declared and agreed to be sub-contractors employed or engaged by the Builder and the Builder agrees that it is and shall remain fully responsible for and liable in respect of any sub-contractors and/or their acts or omissions and, without prejudice to the generality of the foregoing, the Builder shall ensure control over supervision and scheduling of the all work done by any subcontractor. The Builder hereby agrees that if any of its employees, servants or agents or those of the subcontractors appointed pursuant to this Contract shall, in the reasonable opinion of the Buyer, not be carrying out properly their duties and responsibilities under or pursuant to the terms of this Contract, the Buyer shall be entitled (by giving written notice to the Builder) to draw the same to the attention of the Builder and, if the Buyer considers it necessary, to request the Builder to replace such person(s) if the same are its own employees, servants or agents, or to use its best endeavours to replace such person(s) if the same are the employees, servants or agents of a sub-contractor. The Builder shall investigate any such request, and, if found justified, take appropriate action. Any such replacement shall be within such a time scale so as to ensure that the Builder continues to carry out all of its duties and obligations under or pursuant to this Contract. Buyers inspection and final assembly of any sub-contracted work shall be at the Builders Shipyard. The Builder will arrange for the Buyer to execute pre-production inspection of sub-contractors premises by providing reasonable advanced notice to inspect the facility. Buyers retain the right to inspect vetting records by Builders Quality Control Department confirming certification and compliance with the Builders quality standards.

RESPONSIBILITY OF THE BUILDER. (a) The BUILDER shall provide the BUYER'S ’S REPRESENTATIVE and his assistants free of charge with suitably furnished office space at, or in the immediate vicinity of, the SHIPYARD together with telephone, facsimile, internet and printing facilities, and access to photocopying machines in commonly shared areas, telephone and facsimile facilities and appropriate internet access as may be necessary to enable the BUYER'S ’S REPRESENTATIVE and his assistants to carry out their work under this CONTRACT. However, the BUYER shall pay for the telephone or facsimile facilities used by the BUYER'S ’S REPRESENTATIVE or his assistants. The BUILDER, its employees, agents and subcontractors, during its working hours until delivery of the VESSEL, shall arrange for the BUYER's REPRESENTATIVE and his assistants them to have free and ready access to the VESSEL, her equipment and accessories, and to any other place (except the areas controlled for the purpose of national security) where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL including the premises of sub-contractorsor subcontractors. The BUYER'S ’S REPRESENTATIVE or his assistants or employees shall observe the work's rules, ’s rules and regulations and the guidances prevailing at the BUILDER's ’S and its sub-contractor's ’s premises. The BUILDER shall promptly provide to the BUYER'S ’S REPRESENTATIVE and/or his assistants and shall ensure that its sub-contractors shall promptly provide all such information as he or they may reasonably request in connection with the construction of the VESSEL and her engines, equipment and machinery. (b) The BUYER’S REPRESENTATIVE and his assistants shall at all times remain the employees of the BUYER. The BUILDER shall not be liable to the BUYER or the BUYER’S REPRESENTATIVE or to his assistants or to the BUYER’S employees or agents for personal injuries, including death, during the time they, or any of them, are on the VESSEL, or within the premises of either the BUILDER or its sub-contractors, or are otherwise engaged in and about the construction of the VESSEL, unless, however, such personal injuries, including death, are caused by the gross negligence of the BUILDER, its sub-contractors, or its or their employees or agents. The BUILDER shall not be liable to the BUYER for damages to, or destruction of property of the BUYER or of the BUYER’S REPRESENTATIVE or his assistants of the BUYER’S employees or agents, unless such damages, loss or destruction is caused by the gross negligence of the BUILDER, its sub-contractors, or its or their employees or agents. The BUILDER shall provide the BUYER with any assistance that the BUYER may require in obtaining work permits, visas, resident permits and other necessary documents for the BUYER’S REPRESENTATIVE and their staff. As far as practical, the BUILDER shall endeavour not to arrange for inspection of the same type of subcontracting work in two different places on the same day — including at the SHIPYARD premises — the distance between which cannot be covered by one man in one day.

RESPONSIBILITY OF THE BUILDER. (a) The BUILDER shall provide the BUYER'S REPRESENTATIVE and his assistants free of charge with suitably furnished office space at, or in the immediate vicinity of, the SHIPYARD together with telephone, facsimile, internet and printing facilities, and access to photocopying machines in commonly shared areas, as may be necessary to enable the BUYER'S REPRESENTATIVE and his assistants to carry out their work under this CONTRACT. However, the BUYER shall pay for the telephone or facsimile facilities used by the BUYER'S REPRESENTATIVE or his assistants. The BUILDER, its employees, agents and subcontractors, during its working hours until delivery of the VESSEL, shall arrange for the BUYER's REPRESENTATIVE and his assistants to have free and ready access to the VESSEL, her equipment and accessories, and to any other place (except the areas controlled for the purpose of national security) where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL including the premises of sub-contractors. The BUYER'S REPRESENTATIVE or his assistants or employees shall observe the work's rules, regulations and the guidances prevailing at the BUILDER's and its sub-contractor's premises. The BUILDER shall promptly provide to the BUYER'S REPRESENTATIVE and/or his assistants and shall ensure that its sub-contractors shall promptly provide all such information as he or they may reasonably request in connection with the construction of the VESSEL and her engines, equipment and machinery.

RESPONSIBILITY OF THE BUILDER. (a) The BUILDER shall provide the BUYER'S ’S REPRESENTATIVE and his assistants free of charge with suitably furnished office space at, or in the immediate vicinity of, the SHIPYARD together with telephone, facsimile, internet and printing facilities, facilities and access to photocopying machines in commonly shared areas, as may be necessary to enable the BUYER'S ’S REPRESENTATIVE and his assistants to carry out their work under this CONTRACT. However, the BUYER shall pay for the telephone or facsimile facilities used by the BUYER'S ’S REPRESENTATIVE or his assistants. The BUILDER, its employees, agents and subcontractors, during its working hours until delivery of the VESSEL, shall arrange for the BUYER's ’s REPRESENTATIVE and his assistants to have free and ready access to the VESSEL, her equipment and accessories, and to any other place (except the areas controlled for the purpose of national security) where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL including the premises of sub-contractors. The BUYER'S ’S REPRESENTATIVE or his assistants or employees shall observe the work's ’s rules, regulations and the guidances prevailing at the BUILDER's ’s and its sub-contractor's ’s premises. The BUILDER shall promptly provide to the BUYER'S ’S REPRESENTATIVE and/or his assistants and shall ensure that its sub-contractors shall promptly provide all such information as he or they may reasonably request in connection with the construction of the VESSEL and her engines, equipment and machinery.

RESPONSIBILITY OF THE BUILDER. (a) The BUILDER shall provide the BUYER'S ’S REPRESENTATIVE and his assistants free of charge with suitably furnished office space at, or in the immediate vicinity of, the SHIPYARD together with telephone, facsimile, internet and printing facilities, and access to photocopying machines in commonly shared areas, three (3) independent telephone lines as may be necessary to enable the BUYER'S ’S REPRESENTATIVE and his assistants to carry out their work under this CONTRACT. However, the BUYER shall pay for the telephone photocopy, telephone, telex or facsimile facilities used by the BUYER'S ’S REPRESENTATIVE or his assistants. The BUILDER, its employees, agents and subcontractors, during its its, or their, working hours hours, until delivery of the VESSEL, shall arrange for the BUYER's ’S REPRESENTATIVE and his assistants to have free and ready access to the VESSEL, her equipment and accessories, and to any other place (except the areas controlled for the purpose of national security) ), where work is being done, or materials are being processed or stored in connection with the construction of the VESSEL including the premises of sub-contractors. The BUILDER shall give to the BUYER'S ’S REPRESENTATIVE or assistance in respect of accommodation and transport, but always at BUYER’s cost. The BUYER’S REPRESENTATIVE and his assistants or employees shall observe the work's rules, ’s rules and regulations and the guidances prevailing at the BUILDER's ’s and its sub-contractor's premises’s premises and shall coordinate with the BUILDER for the proper implementation of the agreed CONTRACT and SPECIFICATIONS. The BUILDER shall promptly provide to the BUYER'S ’S REPRESENTATIVE and/or his assistants and shall ensure that its sub-contractors shall promptly provide all such information as he or they may reasonably request in connection with the construction of the VESSEL and her engines, equipment and machinery. (b) The BUYER’S REPRESENTATIVE and his assistants shall at all times remain the employees of the BUYER The BUILDER shall not be liable to the BUYER or the BUYER’S REPRESENTATIVE or to his assistants or to the BUYER’s employees or agents for personal injuries, including death, during the time they, or any of them, are on the VESSEL, or within the premises of either the BUILDER or its sub-contractors, or are otherwise engaged in and about the construction of the VESSEL, unless, however, such personal injuries, including death, are caused by the negligence of the BUILDER, its sub-contractors, or its, or their employees or agents. The BUILDER shall not be liable to the BUYER for damages to, or destruction of, property of the BUYER or of the BUYER’S REPRESENTATIVE or his assistants or the BUYER’s employees or agents, unless such damages, loss or destruction is caused by the negligence of the BUILDER, its sub-contractors, or its or their employees or agents.