Common use of Works on Site Clause in Contracts

Works on Site. Without derogating from the Supplier's obligations pursuant to this Agreement, the Supplier declares and undertakes as follows with regard to any of the Works performed by the Supplier on Site (including installation of the FACILITY on Site and/or any Operation and/or any of the Warranty and/or Maintenance Works) ( the "Works on Site"): 16.1. The Supplier shall be responsible for the performance of all of the Works on Site. 16.2. The Supplier declares that the performance of the Works on Site shall be executed by a subcontractor on behalf of the Supplier who is lawfully registered in the Contractors Registrar, pursuant to the Contractor Registration Regulations for Engineering Construction Projects Law, 1969, in the correct and appropriate sector pursuant to the aforesaid law in respect of all of the building works and their financial scope (the "Supplier's Infrastructure Subcontractor"). The Supplier undertakes to deliver to the Supplier all of the appropriate approvals to support this representation. 16.3. Without derogating from the aforesaid, in the performance of the infrastructure Works at the Site, the Supplier shall employ a head works manager certified as required by the Work Safety Regulations (Construction Works), 1988 ("Safety Regulations"), who shall be present at the Site at all times in which the Supplier shall perform the Works on Site. The Supplier undertakes accordance with Clause 6(d) of the Safety Regulations the overall responsibility as primary supplier for the performance of the provisions of the Safety Regulations. The Supplier undertakes to notify ASSOCIATION of the appointment of the aforesaid head work manager as required under Clause 6(d) of the Safety Regulations. 16.4. Without derogating from the generality of the aforesaid and the below, the Supplier undertakes to fulfill all of the obligations imposed on a "prime contractor" as defined in any law, including under the Planning and Building Law, 1965, The Planning and Building Regulations (Application for a Permit, its Conditions and Fees), 1970, the Planning and Building Regulations (Overall Supervision of Construction), 1992, Work Safety Regulations, 1988, and Regulations of the Organization of Work Supervisors (Safety Officers), 1996. 16.5. For the avoidance of doubt, it is clarified that nothing in this Section regarding the responsibility of the Supplier as a "prime contractor" shall entitle the Supplier to additional compensation, of any kind whatsoever, in respect of its responsibility and/or activities and/or the services that it shall render under this Section. 16.6. Supplier shall follow al Hospital's rules and regulation relating on works carried in the Hospital and shall sign all documents requested that it has read and received such guidelines including all modifications and changes to such guidelines.

Works on Site. Without derogating from the Supplier's obligations pursuant to this Agreement, the Supplier declares and undertakes as follows with regard to any of the Works performed by the Supplier on Site (including installation of the FACILITY FACILITY, on Site and/or any Operation and/or any of the Warranty and/or Maintenance Works) ( the "Works on Site"): 16.1. The Supplier shall be responsible for the performance of all of the Works on Site. 16.2. The Supplier declares that the performance of the Works on Site shall be executed by a subcontractor on behalf of the Supplier who is lawfully registered in the Contractors Registrar, pursuant to the Contractor Registration Regulations for Engineering Construction Projects Law, 1969, in the correct and appropriate sector pursuant to the aforesaid law in respect of all of the building works and their financial scope (the "Supplier's Infrastructure Subcontractor"). The Supplier undertakes to deliver to the Supplier all of the appropriate approvals to support this representation. 16.3. Without derogating from the aforesaid, in the performance of the infrastructure Works at the Site, the Supplier shall employ a head works manager certified as required by the Work Safety Regulations (Construction Works), 1988 ("Safety Regulations"), who shall be present at the Site at all times in which the Supplier shall perform the Works on Site. The Supplier undertakes accordance with Clause 6(d) of the Safety Regulations the overall responsibility as primary supplier for the performance of the provisions of the Safety Regulations. The Supplier undertakes to notify ASSOCIATION of the appointment of the aforesaid head work manager as required under Clause 6(d) of the Safety Regulations. 16.4. Without derogating from the generality of the aforesaid and the below, the Supplier undertakes to fulfill all of the obligations imposed on a "prime contractor" as defined in any law, including under the Planning and Building Law, 1965, The Planning and Building Regulations (Application for a Permit, its Conditions and Fees), 1970, the Planning and Building Regulations (Overall Supervision of Construction), 1992, Work Safety Regulations, 1988, and Regulations of the Organization of Work Supervisors (Safety Officers), 1996. 16.5. For the avoidance of doubt, it is clarified that nothing in this Section regarding the responsibility of the Supplier as a "prime contractor" shall entitle the Supplier to additional compensation, of any kind whatsoever, in respect of its responsibility and/or activities and/or the services that it shall render under this Section. 16.6. Supplier shall follow al Hospital's rules and regulation relating on works carried in the Hospital and shall sign all documents requested that it has read and received such guidelines including all modifications and changes to such guidelines. 16.7. Supplier shall prepare and submit to Hospital's approval a comprehensive risk program with regards to all risks in performing the Works. 16.8. The Supplier shall be responsible for any act and/or omission of the Supplier's Infrastructure Subcontractor and/or any of its employees and/or its representatives, and in everything relating to ASSOCIATION, for any act and/or omission of any of its representatives. 16.9. The Supplier declares that it received all of the information related to the performance of the Works on Site and that there is no impediment and/or limitation to its performance of the infrastructure Works on the dates as specified in this Agreement and of excellent quality. 16.10. The Supplier declares that it shall perform the Works on Site that are the subject of this Agreement at (I) a high level, and (ii) excellent and best quality, and (iii) in strict compliance with the provisions of all Applicable Laws, including, but without derogating from the provisions regarding work safety, including certification for the performance of works at heights. The Supplier hereby declares and confirms that it is aware that the level, quality and nature of the Works pursuant to this Agreement are the essence, basis and foundation of this Agreement, and that ASSOCIATION would not have entered into this Agreement with the Supplier if it were not for the Supplier's undertakings set forth above. 16.11. The Supplier shall issue to ASSOCIATION all of the approvals of any kind whatsoever relating to the performance of the Works on Sites in accordance with the requirements under any Applicable Law. 16.12. The Supplier declares that it shall take all measures required in order to prevent excessive noise and/or dirt and/or dust and/or pollution and damage to the environment and/or disturbances and/or damage to ASSOCIATION that continues during its ongoing operations, to perform its services in full cooperation and coordination with ASSOCIATION and/or its representatives and/or other contractors working nearby and/or in parallel to the Supplier. 16.13. The Supplier declares and undertakes that it will perform the Works on Site in a complete manner, in coordination with subcontractors working on its behalf at the Site, if any and any other third party working at Site. 16.14. The Supplier declares and undertakes that it will connect to all necessary utilities infrastructure such as electricity, communication etc., only after it shall have received an appropriate approval from ASSOCIATION. The Supplier shall be deemed to have checked the location of the infrastructures of the necessary utilities. ASSOCIATION shall provide, in its sole discretion, the supply of electricity and communication from the electricity and communication networks of ASSOCIATION. Subject to the Supplier connecting, at its own cost, to the points of supply to be identified by ASSOCIATION. 16.15. The Supplier declares that it is familiar with and knows the work safety laws, including all of the regulations relating to work safety and it undertakes to properly abide by them. The Supplier further declares that it is aware that it will be necessary to perform the Works on Site near and/or in connection with an operating hospital and that this involves specific risks and dangers which the Supplier shall take into consideration during the performance of the Works on Site and take all measures necessary to prevent any interruption to the operation of the Hospital and/or personal injury and/or property damage to the employees of the Hospital and/or patients and/or visitors and/or any third party. 16.16. In the performance of the Works on Site, the Supplier hereby undertakes as follows: 16.16.1. There shall not be any harm to the comfort and/or safety of the public and there shall not be a disruption to the operations of ASSOCIATION and/or the Hospital and/or third parties who will work and/or be close to and/or near the Site during the time of performance of the Works on Site. 16.16.2. It shall avoid performing any works that cause noise during specific hours to be prescribed by Hospital from time to time. 16.16.3. To install lighting, scaffolding, barriers, fences, warning signs and warning tapes according to the procedures of ASSOCIATION and/or as it shall be instructed by the ASSOCIATION from time to time in order to sufficiently protect the public and the employees located on or nearby the Site. 16.16.4. To find a suitable place to store materials in Israel (in terms of physical conditions, and locations in Israel enabling meeting SLAs), tools and equipment in coordination with ASSOCIATION. Any damage and/or loss (including theft), that shall be caused to such materials, tools and/or equipment shall be the sole responsibility of the Supplier. 16.16.5. To regularly vacate excess materials and waste from the Site, at the expense of the Supplier and in accordance with the instructions of ASSOCIATION and/or the provisions of Applicable Law. 16.16.6. To strictly comply with Association's procedures as shall be provided to it in advance, and/or instructions of ASSOCIATION and/or its representatives. 16.16.7. To comply with the guarding and/or security procedures in relation to the Works on Site as directed from time to time by ASSOCIATION and/or Applicable Law. 16.16.8. In any case of damage, loss or injury due to any cause whatsoever (including security circumstances), to the Works or any part thereof and/or to equipment and/or hardware and/or materials – the Supplier shall repair and return the items to their prior condition at its expense, such that at the time of their completion and delivery, all of the Works will be in a proper condition and will comply in all respects with the requirements of this Agreement.