Common use of Contractor's Entitlement Clause in Contracts

Contractor's Entitlement. If the Contract Administrator determines that a Latent Condition has been encountered or found, the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under clause 7.3(a) which arise directly from the Latent Condition and the Contract Administrator's instruction under clause 7.3(b)(ii), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Latent Condition or the Contract Administrator's instruction under clause 7.3(b)(ii), other than under paragraphs (i) and (ii). Site Access The Commonwealth: is not obliged to: provide the Contractor with sole access to the Site; or carry out any work or provide any facilities to the Contractor (other than as stated in the Contract) which may be necessary to enable the Contractor to obtain adequate access to carry out the Contractor's Activities; may engage Other Contractors to work upon or in the vicinity of the Site at the same time as the Contractor; and must use reasonable endeavours to ensure that any Other Contractors engaged by the Commonwealth comply with the reasonable requirements of the Contractor as to matters concerning industrial relations, insurance and work health and safety.

Appears in 4 contracts

Samples: Formal Agreement, Formal Agreement, Formal Agreement

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Contractor's Entitlement. If the Contract Administrator determines that a Latent Condition has been encountered or found, the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under clause 7.3(a) which arise directly from the Latent Condition and the Contract Administrator's instruction under clause 7.3(b)(ii), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Latent Condition or the Contract Administrator's instruction under clause 7.3(b)(ii), other than under paragraphs (ia) and (iib). Site Access The Commonwealth: is not obliged to: provide the Contractor with sole access to the Site; or carry out any work or provide any facilities to the Contractor (other than as stated in the Contract) which may be necessary to enable the Contractor to obtain adequate access to carry out the Contractor's Activities; may engage Other Contractors to work upon or in the vicinity of the Site at the same time as the Contractor; and must use reasonable endeavours to ensure that any Other Contractors engaged by the Commonwealth comply with the reasonable requirements of the Contractor as to matters concerning industrial relations, insurance and work health and safety.

Appears in 1 contract

Samples: Formal Agreement

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