Payment for Manager's Services. (a) The Manager will during the Exploration Phase, Feasibility Phase and Construction Phase provide its services in accordance with the basis for reimbursement set out in Schedule "A" hereto. (b) The Manager will during the Operating Phase provide its services with respect thereto in accordance with the basis for reimbursement and in consideration of the payment by the Joint Venturers of the Operating Fee set out in Schedule "C" hereto. (c) As a consequence of the projected overlapping of the Construction Phase and the Operating Phase the Joint Venturers acknowledge and agree that the Manager will, during such period, be entitled to reimbursement for services relating to construction pursuant to Schedule A and services relating to operations pursuant to Schedule C. Clause 7. Manager's and Joint Venturers' Liability (a) The Manager's liability to the Joint Venturers pursuant to both the Joint Venture Agreement and this Agreement shall be limited and restricted solely to that set out hereunder. (i) Liability arising out of the Manager's engineering responsibilities during the Exploration Phase, Feasibility Phase and Construction Phase, shall be limited to the Manager re-performing at its own expense those engineering services which are deficient in any respect by reason of a breach by the Manager of Clause 3(f) hereof. The Manager's liability to re-perform those engineering services as aforesaid pursuant to this subclause shall terminate:
Appears in 2 contracts
Sources: Operating Agreement (Drdgold LTD), Operating Agreement (Durban Roodepoort Deep LTD)