Common use of CDM Regulations Clause in Contracts

CDM Regulations. (A) For the purposes of this Clause 17, the terms "Client" and "Health and Safety File" have the same meanings as the equivalent uncapitalised terms have in the CDM Regulations. Without prejudice to any other provision in this Agreement, in this Clause 17 only, “project” shall have the same meaning as given to it in the CDM Regulations. (B) Unless otherwise agreed by the SoS (acting reasonably) or in respect of any Works for which HS2 Ltd is not the nominated undertaker, HS2 Ltd elects to be treated as the only Client in respect of each and every project in relation to the Works. HS2 Ltd shall not seek to withdraw, terminate or in any manner derogate from such election. The SoS shall confer on HS2 Ltd such authority as HS2 Ltd may reasonably require in order to discharge its duties as Client under the CDM Regulations. (C) The SoS hereby consents to the election by HS2 Ltd to be treated as the only Client in respect of Works for the purpose of the CDM Regulations, as set out in Clause 17.1(B) above. (D) HS2 Ltd shall observe, perform and discharge and/or shall procure the observance, performance and discharge of all of the Client's obligations, requirements and duties arising under the CDM Regulations in connection with Works and shall do so in accordance with any code of practice for the time being approved by the Health and Safety Commission pursuant to the Health & Safety at Work etc. ▇▇▇ ▇▇▇▇. (E) Where HS2 Ltd is acting as the Client, HS2 Ltd shall be responsible for ensuring the establishment and maintenance of the Health and Safety Files relating to the Works and make such Health and Safety Files available for inspection by the SoS at any time. On or before the completion date for each project, HS2 Ltd shall provide the SoS with electronic copies (or if requested by the SoS, certified hard copies) of the Health and Safety Files relating to the Works. (F) ▇▇▇▇ ▇▇▇ Ltd's reasonable request, the SoS shall provide to HS2 Ltd such information and assistance as HS2 Ltd may reasonably require in order to discharge its duties as Client under the CDM Regulations. (G) As between HS2 Ltd and the SoS, the SoS shall not have any responsibility or liability to HS2 Ltd for the safety of any design which forms part of the Works and, without prejudice to the foregoing provisions of this Clause 17, HS2 Ltd shall either retain or impose on the Delivery Contractors, such responsibility, together with a responsibility to ensure the adequacy, stability and safety of all site operations and methods of construction which HS2 Ltd shall impose on the Delivery Contractors.

CDM Regulations. ‌ (A) For the purposes of this Clause 1715, the terms "Client" and ", "Health and Safety File", "Principal Designer" and "Principal Contractor" have the same meanings as the equivalent uncapitalised terms have in the CDM Regulations. Without prejudice to any other provision in this Agreement, in this Clause 17 15 only, “project” shall have the same meaning as given to it in the CDM Regulations. (B) Unless otherwise agreed by the SoS (acting reasonably) or in respect of any Works for which HS2 Ltd is not the nominated undertakerSoS, HS2 Ltd elects agrees (or shall procure that an appropriate third party (a "Third Party Client") agrees) to be treated as the only Client in respect of each and every project in relation to the Works. HS2 Ltd shall not (and shall procure that any Third Party Client shall not) seek to withdraw, terminate or in any manner derogate from such electionagreement. The SoS shall confer on HS2 Ltd such authority as HS2 Ltd (or the Third Party Client) may reasonably require in order to discharge its duties as Client under the CDM Regulations. (C) The SoS hereby consents to the election by HS2 Ltd to be (or a Third Party Client, as applicable) being treated as the only Client in respect of any project in relation to the Works for the purpose of the CDM Regulations, as set out in Clause 17.1(B15.1(B) above. (D) Where HS2 Ltd procures agreement from a Third Party Client to be treated as the only Client in respect of a project, HS2 Ltd shall: (a) take all reasonable measures to satisfy itself that such Third Party Client has the skills, knowledge, experience and organisational capability to carry out and fulfil the role of Client; and (b) promptly provide the SoS with the identity of the Third Party Client together with brief details of the written agreement containing the Third Party Client's appointment (to include date and description of works package as a minimum). (E) HS2 Ltd shall (and shall procure that any Third Party Client shall) observe, perform and discharge and/or shall procure the observance, performance and discharge of all of the Client's obligations, requirements and duties arising under the CDM Regulations in connection with Works and shall do so in accordance with any code of practice for the time being approved by the Health and Safety Commission pursuant to the Health & Safety at Work etc. ▇▇▇ ▇▇▇▇. (EF) Where HS2 Ltd is acting as the ClientClient in relation to a project, HS2 Ltd shall be responsible for ensuring that the establishment Principal Designer (or, if the Principal Designer's appointment concludes before completion of the project, the Principal Contractor) establishes and maintenance of maintains the Health and Safety Files File relating to the Works that project and make makes such Health and Safety Files File available for inspection by the SoS at any reasonable time. On or before the completion date for each project▇▇▇▇▇, HS2 ▇▇▇ Ltd shall provide the SoS SoS, on request, with electronic copies (or if requested by the SoS, certified hard copies) of such Health and Safety File. (G) Where a Third Party Client is acting as the Client in relation to a project, HS2 Ltd shall procure that the Third Party Client ensures the Principal Designer (or, if the Principal Designer's appointment concludes before completion of the project, the Principal Contractor) establishes and maintains the Health and Safety Files File relating to the Worksthat project. (FH) ▇▇▇▇ ▇▇▇ Ltd's reasonable request, the SoS shall provide to HS2 Ltd (or any Third Party Client) such information and assistance as HS2 Ltd may reasonably require in order to discharge (or to enable any Third Party Client to discharge) its duties as Client under the CDM Regulations. (GI) As between HS2 Ltd Ltd, any Third Party Client and the SoS, the SoS shall not have any responsibility or liability to HS2 Ltd or any Third Party Client for the safety of any design which forms part of the Works and, without prejudice to the foregoing provisions of this Clause 1715, HS2 Ltd shall (and shall procure that any Third Party Client shall) either retain or impose on the Delivery Contractors, such responsibility, together with a responsibility to ensure the adequacy, stability and safety of all site operations and methods of construction which HS2 Ltd shall impose on the Delivery Contractors.Contractors.‌

CDM Regulations. (A) For the purposes of this Clause 1715, the terms "Client" and ", "Health and Safety File", "Principal Designer" and "Principal Contractor" have the same meanings as the equivalent uncapitalised terms have in the CDM Regulations. Without prejudice to any other provision in this Agreement, in this Clause 17 15 only, “project” shall have the same meaning as given to it in the CDM Regulations. (B) Unless otherwise agreed by the SoS (acting reasonably) or in respect of any Works for which HS2 Ltd is not the nominated undertakerSoS, HS2 Ltd elects agrees (or shall procure that an appropriate third party (a "Third Party Client") agrees) to be treated as the only Client in respect of each and every project in relation to the Works. HS2 Ltd shall not (and shall procure that any Third Party Client shall not) seek to withdraw, terminate or in any manner derogate from such electionagreement. The SoS shall confer on HS2 Ltd such authority as HS2 Ltd (or the Third Party Client) may reasonably require in order to discharge its duties as Client under the CDM Regulations. (C) The SoS hereby consents to the election by HS2 Ltd to be (or a Third Party Client, as applicable) being treated as the only Client in respect of any project in relation to the Works for the purpose of the CDM Regulations, as set out in Clause 17.1(B15.1(B) above. (D) Where HS2 Ltd procures agreement from a Third Party Client to be treated as the only Client in respect of a project, HS2 Ltd shall: (a) take all reasonable measures to satisfy itself that such Third Party Client has the skills, knowledge, experience and organisational capability to carry out and fulfil the role of Client; and (b) promptly provide the SoS with the identity of the Third Party Client together with brief details of the written agreement containing the Third Party Client's appointment (to include date and description of works package as a minimum). (E) HS2 Ltd shall (and shall procure that any Third Party Client shall) observe, perform and discharge and/or shall procure the observance, performance and discharge of all of the Client's obligations, requirements and duties arising under the CDM Regulations in connection with Works and shall do so in accordance with any code of practice for the time being approved by the Health and Safety Commission pursuant to the Health & Safety at Work etc. ▇▇▇ ▇▇▇▇. (EF) Where HS2 Ltd is acting as the ClientClient in relation to a project, HS2 Ltd shall be responsible for ensuring that the establishment Principal Designer (or, if the Principal Designer's appointment concludes before completion of the project, the Principal Contractor) establishes and maintenance of maintains the Health and Safety Files File relating to the Works that project and make makes such Health and Safety Files File available for inspection by the SoS at any reasonable time. On or before the completion date for each project▇▇▇▇▇, HS2 ▇▇▇ Ltd shall provide the SoS SoS, on request, with electronic copies (or if requested by the SoS, certified hard copies) of such Health and Safety File. (G) Where a Third Party Client is acting as the Client in relation to a project, HS2 Ltd shall procure that the Third Party Client ensures the Principal Designer (or, if the Principal Designer's appointment concludes before completion of the project, the Principal Contractor) establishes and maintains the Health and Safety Files File relating to the Worksthat project. (FH) ▇▇▇▇ ▇▇▇ Ltd's reasonable request, the SoS shall provide to HS2 Ltd (or any Third Party Client) such information and assistance as HS2 Ltd may reasonably require in order to discharge (or to enable any Third Party Client to discharge) its duties as Client under the CDM Regulations. (GI) As between HS2 Ltd Ltd, any Third Party Client and the SoS, the SoS shall not have any responsibility or liability to HS2 Ltd or any Third Party Client for the safety of any design which forms part of the Works and, without prejudice to the foregoing provisions of this Clause 1715, HS2 Ltd shall (and shall procure that any Third Party Client shall) either retain or impose on the Delivery Contractors, such responsibility, together with a responsibility to ensure the adequacy, stability and safety of all site operations and methods of construction which HS2 Ltd shall impose on the Delivery Contractors.

CDM Regulations. (A) For 33.1 As between Capstone and the purposes of this Clause 17Council, the terms "Client" and "Health and Safety File" have the same meanings as the equivalent uncapitalised terms have in the CDM Regulations. Without prejudice to any other provision in this Agreement, in this Clause 17 only, “project” shall have the same meaning as given to it in the CDM Regulations. (B) Unless otherwise agreed by the SoS (acting reasonably) or in respect of any Works for which HS2 Ltd is not the nominated undertaker, HS2 Ltd elects to be treated as the only Client in respect of each and every project in relation to the Works. HS2 Ltd shall not seek to withdraw, terminate or in any manner derogate from such election. The SoS shall confer on HS2 Ltd such authority as HS2 Ltd may reasonably require in order to discharge its duties as Client under the CDM Regulations. (C) The SoS hereby consents to the election by HS2 Ltd to be treated as the only Client in respect of Works for the purpose of the CDM Regulations, as set out in Clause 17.1(B) above. (D) HS2 Ltd shall observe, perform and discharge and/or shall procure the observance, performance and discharge of all of the Client's obligations, requirements and duties arising under the CDM Regulations in connection with Works and shall do so in accordance with any code of practice for the time being approved by the Health and Safety Commission pursuant to the Health & Safety at Work etc. ▇▇▇ ▇▇▇▇. (E) Where HS2 Ltd is acting as the Client, HS2 Ltd shall be responsible for ensuring the establishment and maintenance of the Health and Safety Files relating to the Works and make such Health and Safety Files available for inspection by the SoS at any time. On or before the completion date for each project, HS2 Ltd shall provide the SoS with electronic copies (or if requested by the SoS, certified hard copies) of the Health and Safety Files relating to the Works. (F) ▇▇▇▇ ▇▇▇ Ltd's reasonable request, the SoS shall provide to HS2 Ltd such information and assistance as HS2 Ltd may reasonably require in order to discharge its duties as Client under the CDM Regulations. (G) As between HS2 Ltd and the SoS, the SoS shall not have any responsibility or liability to HS2 Ltd be entirely responsible for the safety of any design which forms part of the Works and, without prejudice to the foregoing provisions of this Clause 17, HS2 Ltd shall either retain or impose on the Delivery Contractors, such responsibility, together with a responsibility to ensure and for the adequacy, stability and safety of all site operations and methods of construction which HS2 Ltd construction. 33.2 In accordance with the Construction (Design and Management) Regulations 2015 (“CDM Regulations”), Capstone and the Council hereby elect that Capstone shall impose be and shall be treated as the only “client” in respect of the Works pursuant to Regulation 8 of the CDM Regulations. Capstone shall not, prior to the completion of the Works, seek in any way to withdraw, terminate or derogate from such election. 33.3 Capstone shall comply with all the duties arising under the CDM Regulations in relation to the Works and in particular shall ensure that the Health and Safety plan has the features required by the CDM Regulations. 33.4 Capstone shall ensure that the Principal Designer and Principal Contractor (as defined in the CDM Regulations) each comply with their respective obligations under the CDM Regulations. 33.5 Capstone shall: 33.5.1 prior to Practical Completion in relation to the Works, provide a certified copy of the final draft Health and Safety File (as defined in the CDM Regulations) relating to the Works and or the relevant Dwelling to the Council; and 33.5.2 within 30 days of the issue of a PC Certificate provide to the Council a certified copy of the full Health and Safety file relating to the Works. 33.6 With regards to the Joint Code of Practice on the Delivery ContractorsProtection from Fire of Construction Sites and Buildings Undergoing Renovation (“Joint Code”): 33.6.1 Capstone undertakes to comply with the Joint Code dated May 1992 or any subsequent amendment thereto or revised edition thereof; 33.6.2 the Council shall have the right upon giving Capstone reasonable prior notice in writing at all reasonable times to enter and inspect the Development for the purpose of checking whether the conditions thereon in all respects comply with the Joint Code; and 33.6.3 in the event of the Council becoming aware of a breach of the Joint Code the Council may inform ▇▇▇▇▇▇▇▇ of the nature of the breach specifying the remedial measures required by the Council’s insurer (the remedial measures) and the period within which these must be completed.

CDM Regulations. 6.1 The Landlord has agreed with the Tenant that it will act as the client for the purposes of the Construction (ADesign and Management) Regulations 1994 (“the CDM Regulations”) in respect of the whole of the design and construction of the Works and that the Landlord will accordingly issue a declaration to that effect under Regulation 4 of the CDM Regulations as soon as reasonably practicable after the date of commencement of the Works 6.2 On or within thirty days of the Completion Date the Landlord will without charge provide the Tenant with a copy of the health and safety file in respect of the Works which the Landlord shall procure has been prepared in accordance with the requirements of the CDM Regulations 1994 (“the CDM Regulations”). 6.3 Following the Certificate Date or if sooner the date the Tenant enters the warehouse part of the Premises for the purposes of undertaking the Tenant’s Fit Out Works the Tenant shall appoint its own contractor and planning supervisor pursuant to the CDM Regulations in respect of the Tenant’s Works 1. As from the Access Date the Tenant shall be entitled to enter the Premises and to carry out and complete as soon as conveniently practicable the Tenant’s Warehouse Works 2. The Tenant’s occupation of the Premises shall be as licensee subject to and with the benefit of the same exceptions reservations rights (including the same right to relief as a lessee has to relief from forfeiture as granted by Section 146 of the Law of Property Act 1925) agreements and covenants as would have applied if the Lease had been granted except in so far as the same are inconsistent with the terms of this Agreement. 3. Prior to the Access Date the Tenant shall provide to the Landlord full and sufficient details of the Fit Out Works and Tenant’s Warehouse Works for approval by the Landlord such approval not to be unreasonably withheld or delayed 4. The Tenant may at its own expense carry out and complete the Tenant’s Warehouse Works: 4.1 in a good and workmanlike manner and with sound materials of their respective kinds 4.2 in accordance with the said plans and specification 4.3 using reasonable endeavours not to obstruct or interfere with the carrying out of the Works 4.4 to the reasonable satisfaction of the Project Manager in all respects 5. If at any time any breach by the Tenant of its obligations herein relating to the manner of the carrying out of the Tenant’s Warehouse Works causes or in the reasonable opinion of the Landlord will cause delay in completion of the Works then in such event the Landlord shall give notice to the Tenant of his opinion with reasons and shall request the Tenant agree a new Target Date which would otherwise have been such date but for such delay and in the event of the parties within 7 days of receipt of such notice by the Tenant failing to agree upon such Target Date the matter shall be referred to the President for the time being of the Royal Institute of British Architects for the appointment of the Expert having regard to the provisions of clause 15 and the decision of the Expert shall be final and binding on the parties. The Landlord shall have the right to serve any number of notices pursuant to this clause 6. For the purposes of this Clause 17, the terms "Client" rent review provisions of the Lease the Tenant’s Fit Out Works and "Health and Safety File" have any agreed Costed Variations carried out at the same meanings as Tenant’s expense under part A hereof shall be disregarded for the equivalent uncapitalised terms have in the CDM Regulations. Without prejudice to any other provision in this Agreement, in this Clause 17 only, “project” shall have the same meaning as given to it in the CDM Regulations. (B) Unless otherwise agreed by the SoS (acting reasonably) or in respect purposes of any Works for which HS2 Ltd is not the nominated undertaker, HS2 Ltd elects to be treated as the only Client in respect of each and every project in relation to the Works. HS2 Ltd shall not seek to withdraw, terminate or in any manner derogate from such election. The SoS shall confer on HS2 Ltd such authority as HS2 Ltd may reasonably require in order to discharge its duties as Client under the CDM Regulations. (C) The SoS hereby consents to the election by HS2 Ltd to be treated as the only Client in respect of Works for the purpose review of the CDM Regulations, as set out in Clause 17.1(B) above. (D) HS2 Ltd shall observe, perform and discharge and/or shall procure the observance, performance and discharge of all of the Client's obligations, requirements and duties arising under the CDM Regulations in connection with Works and shall do so in accordance with any code of practice for the time being approved by the Health and Safety Commission pursuant to the Health & Safety at Work etc. ▇▇▇ ▇▇▇▇. (E) Where HS2 Ltd is acting as the Client, HS2 Ltd shall be responsible for ensuring the establishment and maintenance of the Health and Safety Files relating to the Works and make such Health and Safety Files available for inspection by the SoS at any time. On or before the completion date for each project, HS2 Ltd shall provide the SoS with electronic copies (or if requested by the SoS, certified hard copies) of the Health and Safety Files relating to the Works. (F) ▇▇▇▇ ▇▇▇ Ltd's reasonable request, the SoS shall provide to HS2 Ltd such information and assistance as HS2 Ltd may reasonably require in order to discharge its duties as Client under the CDM Regulations. (G) As between HS2 Ltd and the SoS, the SoS shall not have any responsibility or liability to HS2 Ltd for the safety of any design which forms part of the Works and, without prejudice to the foregoing provisions of this Clause 17, HS2 Ltd shall either retain or impose on the Delivery Contractors, such responsibility, together with a responsibility to ensure the adequacy, stability and safety of all site operations and methods of construction which HS2 Ltd shall impose on the Delivery Contractors.rent

CDM Regulations. 8.17.1 The Concessionaire shall for the purposes of the CDM Regulations be the Client (Aas defined in the CDM Regulations) and shall serve a declaration to that effect in respect of the Concessionaire Works on the Health & Safety Executive (the "CDM Declaration") within ten Business Days after the Commencement Date and shall simultaneously provide a copy of such declaration to LLA. Upon receipt of the notice from the Health and Safety Executive that it has received the CDM Declaration, the Concessionaire shall send a copy of such notice to LLA. 8.17.2 For the purposes of this Clause 17the CDM Regulations the Concessionaire will not be the agent of LLA or the Council. 8.17.3 The Concessionaire shall not terminate, withdraw or derogate in any manner from the CDM Declaration or its acceptance of its responsibilities as client but shall comply with its obligations under the CDM Regulations as Client in relation to the Concessionaire Works and shall use reasonable endeavours to procure compliance with the CDM Regulations by the Contractor and its sub-contractors and such consultants as it may appoint in relation to the Concessionaire Works. 8.17.4 The Concessionaire shall procure that a planning supervisor and principal contractor are appointed in respect of the Concessionaire Works. 8.17.5 As soon as reasonably practicable after the issue of the Taking Over Certificate, the terms "Client" Concessionaire shall provide a certified copy of the full and "complete Health and Safety File" have the same meanings File (as the equivalent uncapitalised terms have defined in the CDM Regulations) to LLA and the Concessionaire hereby grants to LLA an irrevocable royalty free and non-exclusive licence to use and reproduce any information or documents contained at any time within such Health and Safety File for any purpose connected with the Concessionaire Works. Without prejudice Such licence shall carry the right to any other provision in this Agreement, in this Clause 17 only, “project” grant sub-licences and shall have the same meaning as given be transferable to it in the CDM Regulationsthird parties. (B) Unless otherwise agreed by the SoS (acting reasonably) or in respect of any Works for which HS2 Ltd is not the nominated undertaker, HS2 Ltd elects to be treated as the only Client in respect of each and every project in relation to the Works. HS2 Ltd 8.17.6 The Concessionaire shall not seek to withdraw, terminate or in any manner derogate from such election. The SoS shall confer on HS2 Ltd such authority as HS2 Ltd may reasonably require in order to discharge its duties as Client under the CDM Regulations. (C) The SoS hereby consents to the election by HS2 Ltd to be treated as the only Client in respect of Works for the purpose duration of the CDM RegulationsConcessionaire Works compile, as set out in Clause 17.1(B) above. (D) HS2 Ltd shall observe, perform maintain and discharge and/or shall procure the observance, performance and discharge of all of the Client's obligations, requirements and duties arising under the CDM Regulations in connection with Works and shall do so in accordance with any code of practice for the time being approved by update the Health and Safety Commission pursuant to the Health & Safety at Work etc. ▇▇▇ ▇▇▇▇File and ensure its availability for use in connection with any future works as may be carried out. (E) Where HS2 Ltd is acting as the Client, HS2 Ltd shall be responsible for ensuring the establishment and maintenance of the Health and Safety Files relating to the Works and make such Health and Safety Files available for inspection by the SoS at any time. On or before the completion date for each project, HS2 Ltd shall provide the SoS with electronic copies (or if requested by the SoS, certified hard copies) of the Health and Safety Files relating to the Works. (F) ▇▇▇▇ ▇▇▇ Ltd's reasonable request, the SoS shall provide to HS2 Ltd such information and assistance as HS2 Ltd may reasonably require in order to discharge its duties as Client under the CDM Regulations. (G) As between HS2 Ltd and the SoS, the SoS shall not have any responsibility or liability to HS2 Ltd for the safety of any design which forms part of the Works and, without prejudice to the foregoing provisions of this Clause 17, HS2 Ltd shall either retain or impose on the Delivery Contractors, such responsibility, together with a responsibility to ensure the adequacy, stability and safety of all site operations and methods of construction which HS2 Ltd shall impose on the Delivery Contractors.