Common use of Access Hours Clause in Contracts

Access Hours. Unless otherwise agreed in writing by the Contractor and the PDS Contractor, the access hours applicable to the Contractor's Activities to be carried out on Site are those specified in the Contract Particulars. Manual of Fire Protection Engineering and National Construction Code Certification Without limiting clauses 5.8 and 7.3, the Contractor must provide to the PDS Contractor written certification from an Accredited Building Surveyor: at the time it submits any design to the PDS Contractor under clause 5.1(a)(iii) - that the design submitted at that time complies with the MFPE and the National Construction Code; and as a condition precedent to Completion - that the Works comply or the Section complies (as the case may be) with the MFPE and the National Construction Code, except to the extent of any dispensation granted by the ASEE and identified in the certification. To the extent of any inconsistency between the MFPE and the National Construction Code, the MFPE prevails. Commonwealth may Act The Commonwealth may, either itself or by a third party, perform a Contract obligation which the Contractor was obliged to perform but which it failed to perform. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so performing such a Contract obligation will be a debt due from the Contractor to the Commonwealth. Applicable Standards The Contractor acknowledges that Annexure 9 identifies: the Australian standards which are applicable to the Contractor's Activities and the Works; or in the absence of an applicable Australian standard, the relevant international standards which are applicable to the Contractor's Activities and the Works, (Applicable Standards). Subject to paragraph (c) and without limiting the Contractor's obligations under this Contract, the Contractor must comply with the Applicable Standards in performing the Contractor's Activities and executing the Works. Where there is an ambiguity, discrepancy or inconsistency between any Applicable Standard and the Contract, any other Project Document, the MFPE or the National Construction Code, the higher standard, quality or quantum will prevail. The PDS Contractor may, at any time, request that the Contractor provides: a certificate which certifies that the design prepared by the Contractor under clause 5.1, the Works or any Section (as the case may be) complies with the Applicable Standards; and a corresponding certificate from each relevant subcontractor which certifies that (to the extent then applicable) all design carried out by that subcontractor or the Works or any Section executed by that subcontractor (as the case may be) complies with the Applicable Standards.

Appears in 2 contracts

Samples: Formal Agreement, Formal Agreement

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Access Hours. Unless otherwise agreed in writing by the Contractor and the PDS ContractorContract Administrator, the access hours applicable to the Contractor's Activities to be carried out on Site are those specified in the Contract Particulars. Manual of Fire Protection Engineering and National Construction Code Certification Without limiting clauses 5.8 and 7.3, the Contractor must provide to the PDS Contractor Contract Administrator written certification from an Accredited Building Surveyor: at the time it submits any design to the PDS Contractor Contract Administrator under clause 5.1(a)(iii5.(iii) - that the design submitted at that time complies with the MFPE and the National Construction Code; and as a condition precedent to Completion - that the Works comply or the Section Stage complies (as the case may be) with the MFPE and the National Construction Code, except to the extent of any dispensation granted by the ASEE and identified in the certification. To the extent of any inconsistency between the MFPE and the National Construction Code, the MFPE prevails. Commonwealth may Act The Commonwealth may, either itself or by a third party, perform a Contract obligation which the Contractor was obliged to perform but which it failed to perform. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so performing such a Contract obligation will be a debt due from the Contractor to the Commonwealth. Applicable Standards The Contractor acknowledges that Annexure 9 the Works Description identifies: the Australian standards which are applicable to the Contractor's Activities and the Works; or in the absence of an applicable Australian standard, the relevant international standards which are applicable to the Contractor's Activities and the Works, and that it must comply with all relevant standards of Standards Australia to the extent required by clause (c) (collectively, the Applicable Standards). Subject to paragraph (c) and without Without limiting the Contractor's obligations under this Contract, the Contractor must comply with the Applicable Standards in performing carrying out the Contractor's Activities and executing the Works. Where there is an ambiguity, discrepancy or inconsistency between any Applicable Standard and the Contract, any other Project Document, the MFPE or the National Construction Code, the higher standard, quality or quantum will prevail. The PDS Contractor Contract Administrator may, at any time, request that the Contractor provides: a certificate which certifies that the design prepared by the Contractor under clause 5.1design, the Works or any Section Stage (as the case may be) complies with the Applicable Standards; and a corresponding certificate from each relevant subcontractor which certifies that (to the extent then applicable) all design carried out by that subcontractor or the Works or any Section Stage executed by that subcontractor (as the case may be) complies with the Applicable Standards. The Contractor acknowledges that the Commonwealth may exercise any of its rights under this Contract (including under clause 5.7) to carry out periodic auditing of the Contractor's compliance with clause 17.14.

Appears in 1 contract

Samples: Formal Agreement

Access Hours. Unless otherwise agreed in writing by the Contractor and the PDS Contractor, the access hours applicable to the Contractor's Activities to be carried out on Site are those specified in the Contract Particulars. Manual of Fire Protection Engineering and National Construction Code Certification Without limiting clauses 5.8 and 7.3, the Contractor must provide to the PDS Contractor written certification from an Accredited Building Surveyor: at the time it submits any design to the PDS Contractor under clause 5.1(a)(iii5.(iii) - that the design submitted at that time complies with the MFPE and the National Construction Code; and as a condition precedent to Completion - that the Works comply or the Section complies (as the case may be) with the MFPE and the National Construction Code, except to the extent of any dispensation granted by the ASEE and identified in the certification. To the extent of any inconsistency between the MFPE and the National Construction Code, the MFPE prevails. Commonwealth may Act The Commonwealth may, either itself or by a third party, perform a Contract obligation which the Contractor was obliged to perform but which it failed to perform. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so performing such a Contract obligation will be a debt due from the Contractor to the Commonwealth. Applicable Standards The Contractor acknowledges that Annexure 9 identifies: the Australian standards which are applicable to the Contractor's Activities and the Works; or in the absence of an applicable Australian standard, the relevant international standards which are applicable to the Contractor's Activities and the Works, (Applicable Standards). Subject to paragraph (c) and without limiting the Contractor's obligations under this Contract, the Contractor must comply with the Applicable Standards in performing the Contractor's Activities and executing the Works. Where there is an ambiguity, discrepancy or inconsistency between any Applicable Standard and the Contract, any other Project Document, the MFPE or the National Construction Code, the higher standard, quality or quantum will prevail. The PDS Contractor may, at any time, request that the Contractor provides: a certificate which certifies that the design prepared by the Contractor under clause 5.1, the Works or any Section (as the case may be) complies with the Applicable Standards; and a corresponding certificate from each relevant subcontractor which certifies that (to the extent then applicable) all design carried out by that subcontractor or the Works or any Section executed by that subcontractor (as the case may be) complies with the Applicable Standards.

Appears in 1 contract

Samples: Formal Agreement

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Access Hours. Unless otherwise agreed in writing by the Contractor and the PDS ContractorContract Administrator, the access hours applicable to the Contractor's Activities to be carried out on Site are those specified in the Contract Particulars. Manual of Fire Protection Engineering and National Construction Code Certification Without limiting clauses 5.8 and 7.3, the Contractor must provide to the PDS Contractor Contract Administrator written certification from an Accredited Building Surveyor: at the time it submits any design to the PDS Contractor Contract Administrator under clause 5.1(a)(iii5.(iii) - that the design submitted at that time complies with the MFPE and the National Construction Code; and as a condition precedent to Completion - that the Works comply or the Section Stage complies (as the case may be) with the MFPE and the National Construction Code, except to the extent of any dispensation granted by the ASEE and identified in the certification. To the extent of any inconsistency between the MFPE and the National Construction Code, the MFPE prevails. Commonwealth may Act The Commonwealth may, either itself or by a third party, perform a Contract obligation which the Contractor was obliged to perform but which it failed to perform. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so performing such a Contract obligation will be a debt due from the Contractor to the Commonwealth. Applicable Standards The Contractor acknowledges that Annexure 9 the Works Description identifies: the Australian standards which are applicable to the Contractor's Activities and the Works; or in the absence of an applicable Australian standard, the relevant international standards which are applicable to the Contractor's Activities and the Works, and that it must comply with all relevant standards of Standards Australia to the extent required by clause (c) (collectively, the Applicable Standards). Subject to paragraph (c) and without Without limiting the Contractor's obligations under this Contract, the Contractor must comply with the Applicable Standards in performing carrying out the Contractor's Activities and executing the Works. Where there is an ambiguity, discrepancy or inconsistency between any Applicable Standard and the Contract, any other Project Document, the MFPE or the National Construction Code, the higher standard, quality or quantum will prevail. The PDS Contractor Contract Administrator may, at any time, request that the Contractor provides: a certificate which certifies that the design prepared by the Contractor under clause 5.1design, the Works or any Section Stage (as the case may be) complies with the Applicable Standards; and a corresponding certificate from each relevant subcontractor which certifies that (to the extent then applicable) all design carried out by that subcontractor or the Works or any Section Stage executed by that subcontractor (as the case may be) complies with the Applicable Standards.

Appears in 1 contract

Samples: Medium Works Contract

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