Common use of SCOPE & APPLICATION Clause in Contracts

SCOPE & APPLICATION. This Agreement will apply to and be binding upon work performed by Employee(s) of the Company who are engaged in the classifications set out in Appendix A and Appendix B, and are employed to perform the following works on the Project: • Works constructed using Roadheaders; • Excavation of the permanent Tunnel and Caverns by mechanical or other means; • Installation of permanent tunnel supports and lining (horizontal excavation); • Shaft excavation for the purpose of Tunnel Access. • Tunnel excavation ancillary services (for example, electricians, fitters, and any other mechanical and electrical trades, who are engaged in relation to supporting the tunnel excavation operation and tunnel support works). • Excavation of permanent tunnel and cross passages by mechanical or other means including Drill and Blast; • Installation of temporary and permanent tunnel supports and lining (horizontal excavation); • Tunnel excavation ancillary services (for example, electricians, fitters and any other mechanical and electrical trades, who are engaged in relation to supporting the tunnel excavation operation and tunnel support works). Construction of roadworks, earthworks, bridges, structures, service relocations, associated buildings, urban design and structures and traffic management, this includes: • Cut and cover, decline and dive structures (including permanent supports for tunnel portal (vertical excavation)); • Civil construction works underground (including ancillary civil works); • Excavation from above ground where not for the purpose of tunnel access (vertical excavation)); • Site facilities works conducted aboveground; • Invert preparations work for final concrete pavements including blow piping and blinding and dental concrete works; • Demobilisations of site compounds, back-filling temporary accesses, making good temporary works, maintaining temporary services (post tunnel excavation). This Agreement will NOT apply to: • Personnel carrying out work not covered by classifications contained in this agreement; • Administrative, supervisory or managerial personnel, engineers, technicians, surveyors, paramedics, nursing or medical support personnel; • Persons engaged in the transportation or deliveries including, but not limited to, material and or equipment to and from the Project; • Security personnel; • Persons engaged on site through arrangements with bona-fide subcontractors; • Personnel employed by any subcontractor, specialist contractor and/or supplier; • Off-site work associated with the Project performed by subcontractors or suppliers; • Persons engaged in manufacturing or fabrications of material or supplies, including but not limited to all work performed at manufacturing facilities such as pre-cast concrete segments, structural steel, reinforcement cages, batch plants, other precast products and reinforcement fabrications; • Commissioning and operations; • Persons undertaking the installation of temporary buildings and related services; • Persons engaged in the transportation or delivery of material and/or equipment to and/or from the Project. • Warranty defects liability, repairs and/or maintenance work performed by or on behalf of the manufacturers and/or distributors of goods, material or equipment provided to the Project; • Work not contained within the scope of the Project; and • All work conducted on the Project relating to utilities. This agreement is stand-alone and has been developed by the parties to this agreement to reflect and accommodate the specific circumstances of the Project.

SCOPE & APPLICATION. 5.1. This Agreement will agreement shall apply to construction works that fall within the scope of tunnelling, including but not limited to the following: Excavation operations using tunnel boring machines (“TBMs”), including commissioning and be binding upon work performed by Employee(s) decommissioning of the Company who are engaged in TBM's; Excavation operations using roadheaders, including commissioning and decommissioning of the classifications set out in Appendix A and Appendix B, and are employed to perform the following works on the Project: • Works constructed using Roadheadersroadheaders; • Excavation of the permanent Tunnel and Caverns shafts & cross passages by mechanical or other means; • Installation of permanent tunnel supports and Temporary lining (horizontal excavation)rock bolts and shotcrete) and permanent lining of the TBM cross passages; • Shaft Temporary lining (rock bolts and shotcrete) of the SEM tunnels & cross passages including but not limited to smoothing shotcrete and blinding concrete; Installation, operation and removal of all tunnelling services, including power, water, ▇▇▇▇▇▇▇, compressed air, lighting and temporary ventilation systems; Operation of the tunnel excavation for the purpose support systems, including conveyors, grout plants, water treatment plants, segment handling systems, mucking systems, spoil truck loading and operation of Tunnel Access. • Tunnel excavation any associated gantry cranes; Tunnelling ancillary services (for example, electricians, fitters, and any other mechanical and electrical including specialist non civil trades, who are engaged in relation to supporting assemble and maintain tunnelling equipment (including TBM’s & Roadheaders) and provide operational support for tunnel excavation and other works including lining works within the tunnel); Surface support works for the tunnel excavation operation site, including stores, yards, segment logistics, on site spoil loading operations and all other tunnel logistics and support works). • Excavation of permanent tunnel and cross passages by mechanical or other means including Drill and Blast; • Installation of temporary and permanent tunnel supports and lining (horizontal excavation); • Tunnel excavation ancillary services (for example, electricians, fitters and any other mechanical and electrical trades, who are engaged in relation to supporting the tunnel excavation operation and tunnel support works). Construction of roadworks, earthworks, bridges, structures, service relocations, associated buildings, urban design and structures and traffic management, this includes: • Cut and cover, decline and dive structures (including permanent supports for tunnel portal (vertical excavation)); • Civil construction works underground (including ancillary civil works); • Excavation from above ground where not for the purpose of tunnel access (vertical excavation)); • Site facilities works conducted aboveground; • Invert preparations work for final concrete pavements including blow piping and blinding and dental concrete works; • Demobilisations of site compounds, back-filling temporary accesses, making good temporary works, maintaining temporary services (post tunnel excavation)services. 5.2. This Agreement will NOT agreement does not cover or apply to: • : a) Personnel carrying out work not covered by classifications contained in this agreement; • Agreement such as: Administrative, other supervisory (including forepersons) or managerial personnel, engineers, technicians, surveyors, security, paramedics, nursing nursing, or medical support personnel; • Persons engaged in the transportation or deliveries including, but not limited to, material and or equipment to and from the Project; • Security personnel; • Persons engaged on site through arrangements with bona-fide subcontractors; • Personnel employed by any subcontractor, specialist contractor and/or supplier; • Off-site work associated with the Project performed by subcontractors or suppliers; • Persons engaged in manufacturing or fabrications of material or supplies, including but not limited to all work performed at manufacturing facilities such as pre-cast concrete segments, structural steel, reinforcement cages, batch plants, other precast products and reinforcement fabrications; • Commissioning and operations; • Persons undertaking the installation of temporary buildings and related services; • . b) Persons engaged in the transportation or delivery of material and/or equipment to and/or from the Project. • Warranty . c) Personnel employed by any subcontractor, specialist contractor and/or supplier. d) Personnel engaged in off-site infrastructure, manufacturing or fabrication of goods, materials or equipment including but not limited to off-site batch plants, pre-cast yards and concrete works, whether associated with the project or not. e) Warranty, defects liability, repairs repair and/or maintenance work performed by or on behalf of the manufacturers and/or distributors of goods, material or equipment provided to the Project; • Work not contained within the scope of the Project; and • All work conducted on the Project relating to utilities. This agreement is stand-alone and has been developed by the parties to this agreement to reflect and accommodate the specific circumstances of the Projectsubcontractor/supplier.