Project Plans. The Contractor: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged by the Contractor in its tender for the Contractor's Activities, and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), and submit an updated or amended Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the Contractor's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Appears in 5 contracts
Sources: Head Contract, Head Contract, Head Contract
Project Plans. The ContractorSubcontractor: must carry out the Contractor's Subcontractor’s Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged by the Contractor Subcontractor in its tender for the Contractor's Subcontractor’s Activities, and otherwise in accordance with the requirements of the Contract Subcontract, and submit them to the Contract Administrator Contractor’s Representative so as to ensure that there is no delay or disruption to the Contractor's Subcontractor’s Activities and in any event no later than the number of days specified in the Contract Subcontract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Subcontractor’s Activities to which any Project Plan applies, unless the Contract Administrator Contractor’s Representative has had the number of days specified in the Contract Subcontract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract AdministratorContractor’s Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Subcontractor’s Activities and in any event in accordance with the requirements of the Contract Subcontract to the satisfaction of the Contract AdministratorContractor’s Representative; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract AdministratorContractor’s Representative; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Contractor’s Representative or the ContractorSubcontractor), and submit an updated or amended Project Plan to the Contract AdministratorContractor’s Representative, after which: the Contractor Subcontractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor Subcontractor and subcontractor subsubcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor must promptly provide the Subcontractor with a copy of amendments to any Contractor's Project Plan insofar as they are relevant to the Subcontractor's Activities or a Project Plan. The Subcontractor will not be relieved from compliance with any of its obligations under the Contract Subcontract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator Contractor’s Representative concerning a Project Plan or the Contractor's Subcontractor’s compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator Contractor’s Representative or anyone else acting on behalf of the Commonwealth Contractor of the Contractor's Subcontractor’s compliance with a Project Plan; or any failure by the Contract AdministratorContractor’s Representative, or anyone else acting on behalf of the CommonwealthContractor, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Contractor’s Representative or other person.
Appears in 3 contracts
Sources: Major Works Subcontract, Major Works Subcontract, Major Works Subcontract
Project Plans. The Contractor: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the corporate approach to preparing the Project Plans, and performing the Contractor's Activities to be covered by the Project Plans, submitted by the Contractor in its tender for the Contractor's Activities, Activities and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified set out in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator has had the number of days specified set out in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each the Project Plan has Plans have been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), ) and submit an updated or amended draft of the Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B - E A-D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its Contract obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the Contractor's compliance or non-compliance non‑compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the CommonwealthPrincipal, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Appears in 3 contracts
Sources: Medium Works Contract, Medium Works Contract, Medium Works Contract
Project Plans. The ContractorSubcontractor: must carry out the ContractorSubcontractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged by the Contractor Subcontractor in its tender for the ContractorSubcontractor's Activities, and otherwise in accordance with the requirements of the Contract Subcontract, and submit them to the Contract Administrator Contractor's Representative so as to ensure that there is no delay or disruption to the ContractorSubcontractor's Activities and in any event no later than the number of days specified in the Contract Subcontract Particulars after the Award Date for each Project Plan; not commence any of the ContractorSubcontractor's Activities to which any Project Plan applies, unless the Contract Administrator Contractor's Representative has had the number of days specified in the Contract Subcontract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract AdministratorContractor's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the ContractorSubcontractor's Activities and in any event in accordance with the requirements of the Contract Subcontract to the satisfaction of the Contract AdministratorContractor's Representative; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract AdministratorContractor's Representative; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Contractor's Representative or the ContractorSubcontractor), and submit an updated or amended Project Plan to the Contract AdministratorContractor's Representative, after which: the Contractor Subcontractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor Subcontractor and subcontractor subsubcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor must promptly provide the Subcontractor with a copy of amendments to any Contractor's Project Plan insofar as they are relevant to the Subcontractor's Activities or a Project Plan. The Subcontractor will not be relieved from compliance with any of its obligations under the Contract Subcontract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator Contractor's Representative concerning a Project Plan or the ContractorSubcontractor's compliance or non-compliance non‑compliance with a Project Plan; any audit or other monitoring by the Contract Administrator Contractor's Representative or anyone else acting on behalf of the Commonwealth Contractor of the ContractorSubcontractor's compliance with a Project Plan; or any failure by the Contract AdministratorContractor's Representative, or anyone else acting on behalf of the CommonwealthContractor, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contractor's Representative or other person. Without limiting clause 8.9(a)(iii), the Subcontractor must: fully co-operate with the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor's Representative and Other Contractors, and take all steps necessary to ensure the timely, efficient, comprehensive and smooth completion of the HOTO Process; and without limiting paragraph (a): carry out all Subcontractor HOTO Obligations; ensure that all Subcontractor HOTO Obligations are carried out within any applicable timeframe prescribed by, or determined in accordance with, the HOTO Requirements; comply with: all applicable HOTO Requirements; and all commissioning, handover and takeover requirements described in the Subcontract including the requirements in Annexure 1; as and when required by the Contractor's Representative, provide the Contractor with such other specific assistance as may be required by the Contractor to facilitate the timely, efficient, comprehensive and smooth completion of the HOTO Process; and as and when required by the Contractor's Representative, meet with the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor's Representative and Other Contractors for the purpose of ensuring that the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor's Representative and Other Contractors have sufficient Project Documents to enable each of them to: occupy, use, operate and maintain the Subcontract Works or the Stage; and perform such other activities as may be required by the Contractor or the Commonwealth in respect of the Subcontract Works or the Stage. The Subcontractor must: ensure that in carrying out the Subcontractor's Activities: it complies with all Statutory Requirements and other requirements of the Subcontract in respect of work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Subcontract as one the Subcontractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the duty under the WHS Legislation to, where a notifiable incident has occurred, ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives or any earlier time that an inspector directs, unless: it is to assist an injured person or remove a deceased person; it is to make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/ inspector has given permission to disturb the site; without limiting the Subcontractor's obligations under the Subcontract or otherwise at law or in equity, notify the MCC Contract Administrator and the Contractor's Representative in respect of: notifiable incidents within the meaning of the WHS Legislation, immediately; work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and all other work health and safety matters arising out of or in connection with the Subcontractor's Activities and the Subcontract Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraph (i) or (ii)), in the reports under clause 2.6 (if clauses 2.5 and 2.6 apply); for the purposes of paragraphs (a)(iv) and (b) above, in respect of any notifiable incident: immediately provide the MCC Contract Administrator and the Contractor's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the MCC Contract Administrator and the Contractor's Representative with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the MCC Contract Administrator and the Contractor's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the MCC Contract Administrator and the Contractor's Representative with a summary of the related investigations, actions to be taken and any impact on the Subcontract that may result from the notifiable incident; if applicable, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Subcontractor's Activities and comply with all conditions of the WHS Accreditation Scheme; carry out the Subcontractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Subcontractor's Activities in a manner that protects property; comply with any direction issued by the MCC Contract Administrator or the Contractor's Representative to change its manner of working or to cease working if the MCC Contract Administrator or the Contractor's Representative reasonably considers there is a risk to the health and safety of people or damage to property arising from the Subcontractor's Activities; institute systems to: obtain regular written assurances from each Other Contractor and subsubcontractor about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Contractor's Representative, the written assurances regarding the Subcontractor's ongoing compliance with the WHS Legislation: on a monthly basis in the reports under clause 2.6 (if clauses 2.5 and 2.6 apply); on a quarterly basis (when requested by the Contractor's Representative); and as otherwise directed by the Contractor's Representative; provide the written assurances obtained under paragraph (h) to the Contractor's Representative in accordance with paragraph (h); without limiting the Subcontractor's obligations under the Subcontract or otherwise at law or in equity, within 10 days of receipt provide to the Contractor's Representative copies of all: formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Subcontractor or subsubcontractor relating to work health and safety matters; formal notices issued by a health and safety representative of the Subcontractor or subsubcontractor, under or in compliance with the applicable WHS Legislation; and formal notices, written communications and written undertakings given by the Subcontractor or subsubcontractor to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in connection with the Subcontractor’s Activities or the Subcontract Works; exercise a duty of the utmost good faith to the Contractor and the Commonwealth in carrying out the Subcontractor's Activities to enable the Contractor and the Commonwealth to discharge their duties under the WHS Legislation; ensure all subsubcontracts include provisions equivalent to the obligations of the Subcontractor in clause 8.9; ensure that, if any Statutory Requirement requires a: person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (m) are met; immediately notify the MCC Contract Administrator giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the Subcontractor's obligations under the Subcontract (including paragraph (c) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contractor's Representative, the MCC Contract Administrator or anyone else acting on behalf of the Contractor or the Commonwealth, provide all information or copies of documentation held by the Subcontractor or a subsubcontractor to the Contractor's Representative, the MCC Contract Administrator or anyone else acting on behalf of the Contractor or the Commonwealth to enable the Contractor and the Commonwealth to comply with their respective obligations under the WHS Legislation; if requested by the Contractor's Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other person.information relevant to work health and safety to the satisfaction of the Contractor's Representative before the Subcontractor or any subsubcontractor commences such work; where the Subcontractor is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, provide to the Contractor's Representative as a condition precedent to Completion and before the expiry of the Defects Liability Period information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured; if the Subcontractor is responsible for design, ensure that any design prepared under clause 5.1 eliminates or minimises the need for any hazardous manual tasks to be carried out in connection with a plant or structure; not use Asbestos or ACM in carrying out the Subcontractor's Activities; not use, install or incorporate Asbestos or ACM into the Subcontract Works; provide a certificate to the Contractor's Representative in a form satisfactory to the Contractor's Representative as a condition precedent to Completion which states that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Subcontract Works are entirely (meaning 100%) free of Asbestos and ACM; and the Subcontractor has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Subcontractor's Activities and the Subcontract Works; without limiting paragraph (v), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Subcontract Works, the Subcontractor must provide to the Contractor's Representative as a condition precedent to Completion: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Subcontract Works; and if the Subcontractor is a designer of a structure or part of a structure for the purposes of the WHS Legislation, the Subcontractor must provide to the Contractor's Representative, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or part) which, as far as the Subcontractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the
Appears in 3 contracts
Sources: Medium Works Subcontract, Medium Works Subcontract, Medium Works Subcontract
Project Plans. The ContractorConsultant: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged by the Contractor Consultant in its tender for the Contractor's ActivitiesServices, and otherwise in accordance with the requirements of the Contract Subcontract and submit them to the Contract Administrator Contractor's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified in the Contract Subcontract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator Contractor's Representative has had the number of days specified in the Contract Subcontract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract AdministratorContractor's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract Subcontract to the satisfaction of the Contract AdministratorContractor's Representative; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least least: on each anniversary of the Award Date); and if clause 9 applies, prior to the Date for Delivery Phase Agreement; update or amend a Project Plan on request of the Contract AdministratorContractor’s Representative; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Contractor’s Representative or the ContractorConsultant), and submit an updated or amended Project Plan to the Contract AdministratorContractor’s Representative, after which: the Contractor Consultant must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor Consultant personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor must promptly provide the Consultant with a copy of amendments to any Contractor's Project Plan insofar as they are relevant to the Services or a Project Plan. The Consultant will not be relieved from compliance with any of its obligations under the Contract Subcontract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator Contractor's Representative concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator Contractor's Representative or anyone else acting on behalf of the Commonwealth Contractor of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract AdministratorContractor's Representative, or anyone else acting on behalf of the CommonwealthContractor, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Contractor's Representative or other person. Without limiting the Consultant's obligations under the Subcontract or otherwise at law or in equity, all drawings which the Consultant is required to provide under the Subcontract must be prepared by competent draftspersons in accordance with: the standard prescribed in the Subcontract (or, to the extent it is not so prescribed, a standard consistent with the best industry standard for drawings of a nature similar to those required for the MCC Works); all Statutory Requirements; the directions of the Contractor's Representative; and to the extent that they are not inconsistent with the requirements of the Subcontract, the requirements of all relevant standards of Standards Australia.
Appears in 3 contracts
Sources: Design Services Subcontract, Design Services Subcontract, Design Services Subcontract
Project Plans. The ContractorConsultant must: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: ): prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the outline approach to preparing the Project Plans and performing the Services to be covered by the Contractor Project Plans, submitted by the Consultant in its tender proposal for the Contractor's Activities, Services and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator Commonwealth's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified set out in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator Commonwealth's Representative has had the number of days specified set out in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorContract; after the Project Plans have been finalised, continue to regularly review its Project Plans, including in accordance with any obligations imposed by the definition of each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Commonwealth's Representative or the Contractor), Consultant) and submit an updated or amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B - E A-D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its Contract obligations or from any of its liabilities whether under the Contract or otherwise at according to law or in equity as a result of: the implementation of, of and compliance with, with the requirements of any Project Plan; any direction by the Contract Administrator Commonwealth's Representative concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Commonwealth's Representative of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract AdministratorCommonwealth's Representative, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Commonwealth's Representative or other person. Clause 5.16 does not apply unless the Contract Particulars state it applies. The Consultant must provide to the Commonwealth's Representative written certification from an Accredited Building Surveyor: at the time it submits any Consultant Material under clause 5.2 - that the Consultant Material submitted at that time complies with the MFPE and the National Construction Code; before issue of any Consultant Material for the purpose of engaging a Project Contractor - that the Consultant Material to be issued at that time complies with the MFPE and the National Construction Code; and prior to Completion (as defined in the Project Contract) of the Project or a Stage or a Section (as the case may be and as defined in the Project Contract) - that the Project complies or the Stage or the Section (as the case may be and as defined in the Project Contract) comply (as the case may be) with the MFPE and the National Constriction Code, except to the extent of any dispensation granted by the ASEE and identified in the certification. To the extent that there is any inconsistency between the MFPE and the National Construction Code, the MFPE prevails.
Appears in 2 contracts
Sources: Panel Agreement, Panel Agreement
Project Plans. The ContractorConsultant: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the corporate approach to preparing the Project Plans and performing the Services to be covered by the Contractor Project Plans, submitted by the Consultant in its tender for the Contractor's ActivitiesServices, and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than than: for the Environmental Management Plan, the Site Management Plan and the Work Health and Safety Plan, the number of days specified set out in the Contract Particulars after the Award Date for each Project Plan; and for the Commissioning and Handover Plan, at least 14 days prior to the issue of any Design Documentation for the purpose of engaging a Contractor; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator has had the number of days specified set out in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each the Project Plan has Plans have been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), Consultant) and submit an updated or amended draft of the Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B - E A-D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its Contract obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the CommonwealthPrincipal, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Appears in 2 contracts
Project Plans. The Contractor: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged by the Contractor in its tender for the Contractor's Activities, Activities and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), and submit an updated or amended Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B B. - E E. will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the Contractor's compliance or non-compliance non‑compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person. Without limiting clause 8.(iii), the Contractor must: fully co-operate with the Contract Administrator, the Commonwealth and Other Contractors and take all steps necessary to ensure the timely, efficient, comprehensive and smooth completion of the HOTO Process; and without limiting paragraph (a): carry out all Contractor HOTO Obligations; ensure that all Contractor HOTO Obligations are carried out within any applicable timeframe prescribed by, or determined in accordance with, the HOTO Requirements; comply with: all applicable HOTO Requirements; and all commissioning, handover and takeover requirements described in the Contract, including the requirements in Error: Reference source not found; as and when required by the Contract Administrator, provide the Commonwealth with such other specific assistance as may be required by the Commonwealth to facilitate the timely, efficient, comprehensive and smooth completion of the HOTO Process; and as and when required by the Contract Administrator, meet with the Contract Administrator, the Commonwealth and Other Contractors for the purpose of ensuring that the Contract Administrator, the Commonwealth and Other Contractors have sufficient Project Documents to enable the Contract Administrator, the Commonwealth and Other Contractors to: occupy, use, operate and maintain the Works or the Stage; and perform such other activities as may be required by the Commonwealth in respect of the Works or the Stage.
Appears in 2 contracts
Sources: Medium Works Contract, Medium Works Contract
Project Plans. The ContractorConsultant must: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i)): prepare draft Project Plans, must: prepare based on the outline approach to preparing the Project Plans based, where applicable, on and performing the draft Services to be covered by the Project Plans lodged submitted by the Contractor Consultant in its tender proposal for the Contractor's Activities, Services and otherwise in accordance with the requirements of the Contract Contract, and submit them to the Contract Administrator Commonwealth's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator Commonwealth's Representative has had the number of days specified in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorContract; after the Project Plans have been finalised, continue to regularly review its Project Plans, including in accordance with any obligations imposed by the definition of each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Commonwealth's Representative or the Contractor), Consultant) and submit an updated or amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B A. - E D. will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its Contract obligations or from any of its liabilities whether under the Contract or otherwise at according to law or in equity as a result of: the implementation of, of and compliance with, with the requirements of any Project Plan; any direction by the Contract Administrator Commonwealth's Representative concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Commonwealth's Representative of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract AdministratorCommonwealth's Representative, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Commonwealth's Representative or other person. This clause 5.16 does not apply unless the Contract Particulars state it applies. Without limiting clauses 2.10 or 2.11, the Consultant must provide to the Commonwealth's Representative written certification from an Accredited Building Surveyor: at the time it submits any Consultant Material under clause 5.2 - that the Consultant Material submitted at that time complies with the MFPE and the National Construction Code; before issue of any Consultant Material for the purpose of engaging a Project Contractor - that the Consultant Material to be issued at that time complies with the MFPE and the National Construction Code; and prior to Completion (as defined in the Project Contract) of the Project or a Stage (as the case may be and as defined in the Project Contract) - that the Project complies or the Stage (as the case may be and as defined in the Project Contract) comply (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 that there is any inconsistency between the MFPE and the National Construction Code, the MFPE prevails.
Appears in 2 contracts
Sources: Panel Agreement, Panel Agreement
Project Plans. The ContractorConsultant: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged by the Contractor Consultant in its tender for the Contractor's ActivitiesServices, and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least least: on each anniversary of the Award Date); and if the Services are phased, prior to the Date for Planning Phase Agreement or Date for Delivery Phase Agreement; update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the ContractorConsultant), and submit an updated or amended Project Plan to the Contract Administrator, after which: the Contractor Consultant must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor Consultant and subcontractor subconsultant personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Appears in 1 contract
Sources: Design Services Contract
Project Plans. The ContractorSubconsultant: must carry out the Contractor's Activities Subcontract Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the outline approach to preparing the Project Plans and performing the Subcontract Services to be covered by the Contractor Project Plans, submitted by the Subconsultant in its tender for the Contractor's ActivitiesSubcontract Services, and otherwise in accordance with the requirements of the Contract Subcontract and submit them to the Contract Administrator Consultant's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Subcontract Services and in any event no later than than: for the Environmental Management Plan, the Site Management Plan and the Work Health and Safety Plan, the number of days specified set out in the Contract Particulars after the Award Date for each Project Plan; and for the Commissioning and Handover Plan, at least 14 days prior to the issue of any Design Documentation for the purpose of engaging a Contractor; not commence any of the Contractor's Activities Subcontract Services to which any Project Plan applies, unless the Contract Administrator Consultant's Representative has had the number of days specified set out in the Contract Subcontract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorConsultant's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Subcontract Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorSubcontract; after each the Project Plan has Plans have been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Consultant's Representative or the Contractor), Subconsultant Representative) and submit an updated or amended draft of the Project Plan to the Contract AdministratorConsultant's Representative, after which: the Contractor Subconsultant must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended draft Project Plan; and subsubparagraphs B - E D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Subconsultant will not be relieved from compliance with any of its Subcontract obligations or from any of its liabilities whether under the Contract Subcontract or otherwise at according to law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator Consultant's Representative concerning a Project Plan or the ContractorSubconsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Consultant's Representative of the Commonwealth of the ContractorSubconsultant's compliance with a Project Plan; or any failure by the Contract AdministratorConsultant's Representative, or anyone else acting on behalf of the CommonwealthConsultant, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Consultant's Representative or other person.
Appears in 1 contract
Sources: Design Services Subcontract
Project Plans. The Contractor: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft outline Project Plans lodged by the Contractor in its tender for the Contractor's Activities, Activities and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator PDS Contractor so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator PDS Contractor has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract AdministratorPDS Contractor; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorPDS Contractor; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract AdministratorPDS Contractor; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator PDS Contractor or the Contractor), and submit an updated or amended Project Plan to the Contract AdministratorPDS Contractor, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B B. - E E. will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator PDS Contractor concerning a Project Plan or the Contractor's compliance or non-compliance non‑compliance with a Project Plan; any audit or other monitoring by the Contract Administrator PDS Contractor or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract AdministratorPDS Contractor, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator PDS Contractor or other person. Without limiting clause (iii), the Contractor must: fully co-operate with the PDS Contractor, the Commonwealth and Other Contractors and take all steps necessary to ensure the timely, efficient, comprehensive and smooth completion of the HOTO Process; and without limiting paragraph (a): carry out all Contractor HOTO Obligations; ensure that all Contractor HOTO Obligations are carried out within any applicable timeframe prescribed by, or determined in accordance with, the HOTO Requirements; comply with: all applicable HOTO Requirements; and all commissioning, handover and takeover requirements described in the Contract; as and when required by the PDS Contractor, provide the Commonwealth with such other specific assistance as may be required by the Commonwealth to facilitate the timely, efficient, comprehensive and smooth completion of the HOTO Process; and as and when required by the PDS Contractor, meet with the PDS Contractor, the Commonwealth and Other Contractors for the purpose of ensuring that the PDS Contractor, the Commonwealth and Other Contractors have sufficient Project Documents to enable the PDS Contractor, the Commonwealth and Other Contractors to: occupy, use, operate and maintain the Works or the Section; and perform such other activities as may be required by the Commonwealth in respect of the Works or the Section.
Appears in 1 contract
Sources: Medium Works Contract
Project Plans. The Contractor: must carry out (a) Each Project Plan delivered to DOE:
(i) is complete and based on reasonable assumptions;
(ii) is consistent with the Contractor's Activities in accordance with, and otherwise implement, provisions of the Project PlansDocuments;
(iii) has been prepared in good faith and with due care; and for and
(iv) fairly represent the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on Borrower’s good faith belief as to the draft Project Plans lodged by the Contractor in its tender for the Contractor's Activities, and otherwise in accordance with the requirements accuracy of the Contract and submit them matters covered thereby as of any date on which this representation is made or deemed made; provided that no representation or warranty is made pursuant to this Section 6.16 as to the Contract Administrator so as truth or correctness of any report or opinion prepared by any Person other than the Borrower Entities, their respective directors, officers, employees, advisors, consultants, contractors or other persons under any contractual or professional relationship with any of the Borrower Entities.
(b) The then-applicable Construction Budget represents the Borrower’s best estimate of all Project Costs anticipated to ensure that there is no delay or disruption be incurred to the Contractor's Activities and in any event achieve each Block Project Completion Date by no later than the number of days specified applicable Block Project Completion Longstop Date. The Construction Budget has not been amended or changed in any material respect since the Contract Particulars after most recent version approved by DOE other than to reflect changes resulting from Approved Construction Changes or pursuant to Section 5.04(f) (Construction Budget; Advance Proceeds).
(c) No material changes have occurred with respect to the Award Base Case Financial Model most recently approved by DOE or to the assumptions or projections set forth therein.
(d) The Borrower’s good faith belief is that each Block Project Completion Date will occur no later than the applicable Block Project Completion Longstop Date.
(e) The Borrower believes that it is technically feasible for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan to be safely and has not rejected the Project Plan; if any Project Plan is rejectedefficiently constructed, submit an amended Project Plan to the Contract Administrator; in any eventcompleted, finalise each Project Plan operated and maintained so as to ensure that there is no delay or disruption to fulfill in all material respects the Contractor's Activities design specifications and requirements contained in any event in accordance with the requirements of Project Plans and the Contract to the satisfaction of the Contract Administrator; after each Major Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), and submit an updated or amended Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the Contractor's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other personDocuments.
Appears in 1 contract
Sources: Loan Arrangement and Reimbursement and Sponsor Support Agreement (Rivian Automotive, Inc. / DE)
Project Plans. The Contractor: must carry out the Contractor's Activities in accordance withAnnual Plan will include for each Project a Project Business Plan and a Project Budget, and otherwise implementas hereinafter provided, for each Project. Together, the Project Plans; Business Plan and the Project Budget for a Project shall be referred to as the purposes “Project Plan” for that Project. As part of subparagraph the initial Annual Plan, the Manager shall prepare and submit to the Management Committee (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged by the Contractor in its tender for the Contractor's Activities, and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified in the Contract Particulars after the Award Date ) a business plan for each Project (as from time to time amended in compliance with this Agreement, the “Project Business Plan”); not commence any and (ii) a budget for each Project (as from time to time amended in compliance with this Agreement, the “Project Budget”), each in compliance with Exhibit G. Prior to January 1, 2013, the Company will operate under the existing Project Business Plan and Project Budget for each Project being used by TPG-Austin Portfolio Syndication Partners, LP, which has been approved by the Management Committee (which provide, or shall be amended to provide, that each Suburban Project will be listed for sale as soon as possible with the goal of consummating the sale of each Suburban Project during the Holding Period for the Suburban Projects). Upon request of the Contractor's Activities Management Committee, or as otherwise deemed appropriate by the Manager, the Manager shall prepare and submit to which the Management Committee for its review and approval supplements and/or amendments to each Project Plan. The Project Plan for each Project may be supplemented and amended from time to time only by the Management Committee. Anything contained in this Agreement, any Project Plan applies, unless the Contract Administrator has had the number of days specified in the Contract Particulars for each Project Plan or any amendment to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended a Project Plan to the Contract Administrator; contrary notwithstanding, in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), and submit an updated or amended Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; inconsistency or conflict between any direction by the Contract Administrator concerning a Project Plan or any amendment thereto and this Agreement, the Contractor's compliance provisions of this Agreement shall control unless such inconsistency or non-compliance conflict was expressly identified in such Project Plan or amendment as being inconsistent or in conflict with a this Agreement and such Project Plan; any audit Plan or other monitoring by amendment nevertheless received the Contract Administrator or anyone else acting on behalf approval of the Commonwealth Management Committee, in which case the provisions of the Contractor's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other personshall control.
Appears in 1 contract
Project Plans. (a) The Contractor: must Consultant must:
(i) carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and and
(ii) for the purposes of subparagraph (i), must: ):
A. prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the outline approach to preparing the Project Plans and performing the Services to be covered by the Contractor Project Plans, submitted by the Consultant in its tender proposal for the Contractor's Activities, Services and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator Commonwealth's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified set out in the Contract Particulars after the Award Date for each Project Plan; ;
B. not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator Commonwealth's Representative has had the number of days specified set out in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Plan; them;
C. if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract Administrator; Commonwealth's Representative;
D. in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract Contract;
E. after the Project Plans have been finalised, continue to regularly review its Project Plans, including in accordance with any obligations imposed by the satisfaction definition of the Contract Administrator; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Commonwealth's Representative or the Contractor), Consultant) and submit an updated or amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B - E A-D will apply (to the extent applicable); and and
F. document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan .
(including each updated or amended Project Plan). b) The Contractor Consultant will not be relieved from compliance with any of its Contract obligations or from any of its liabilities whether under the Contract or otherwise at according to law or in equity as a result of: :
(i) the implementation of, of and compliance with, with the requirements of any Project Plan; ;
(ii) any direction by the Contract Administrator Commonwealth's Representative concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; ;
(iii) any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Commonwealth's Representative of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or or
(iv) any failure by the Contract AdministratorCommonwealth's Representative, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Commonwealth's Representative or other person.
Appears in 1 contract
Sources: Consultant Agreement
Project Plans. The Contractor: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the outline approach to preparing the Project Plans, and performing the Contractor's Activities to be covered by the Project Plans, submitted by the Contractor in its tender for the Contractor's Activities, and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified set out in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator has had the number of days specified set out in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorAdministrator by the Date for Planning Phase Agreement; after each the Project Plan has Plans have been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), ) and submit an updated or amended draft of the Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended draft Project Plan; and subsubparagraphs B - E D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its Contract obligations or from any of its liabilities whether under the Contract or otherwise at according to law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the Contractor's compliance or non-compliance non‑compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Appears in 1 contract
Sources: Managing Contractor Contract
Project Plans. The ContractorConsultant: must carry out the Contractor's Activities Services in accordance with, with and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the outline approach to preparing the Project Plans and performing the Services to be covered by the Contractor Project Plans, submitted by the Consultant in its tender proposal for the Contractor's Activities, Services and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator Commonwealth's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than than: for the Environmental Management Plan, the Site Management Plan and the Work Health and Safety Plan, the number of days specified set out in the Contract Particulars after the Award Date for each Project Plan; and for the Commissioning and Handover Plan, at least 14 days prior to the issue of any Consultant Material for the purpose of engaging a Project Contractor; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator Commonwealth's Representative has had the number of days specified set out in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorContract; after each the Project Plan has Plans have been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Commonwealth's Representative or the Contractor), Consultant) and submit an updated or amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B - E A-D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its Contract obligations or from any of its liabilities whether under the Contract or otherwise at according to law or in equity as a result of: the implementation of, of and compliance with, with the requirements of any Project Plan; any direction by the Contract Administrator Commonwealth's Representative concerning a Project Plan or the ContractorConsultant's compliance or non-non compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Commonwealth's Representative of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract AdministratorCommonwealth's Representative, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Commonwealth's Representative or other person. For the purposes of this clause 6, the following definitions apply: Method of Work Plan for Airfield Activities means the method of work plan for airfield activities prepared in accordance with the applicable provision (if any) in this Special Conditions.
Appears in 1 contract
Sources: Panel Agreement
Project Plans. The ContractorConsultant: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, Plans: where applicable, based on the draft Project Plans lodged by the Contractor Consultant in its tender for the Contractor's ActivitiesServices; to the extent not inconsistent with the requirements of the Contract, based on the approach set out in the Methodology Statement; and otherwise in accordance with the requirements of the Contract Contract, and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least least: on each anniversary of the Award Date); and if clause 9 applies, prior to the Date for Delivery Phase Agreement; update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the ContractorConsultant), and submit an updated or amended Project Plan to the Contract Administrator, after which: the Contractor Consultant must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor Consultant and subcontractor subconsultant personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Appears in 1 contract
Sources: Design Services Contract
Project Plans. The Contractor: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, : where applicable, on the draft Project Plans lodged by the Contractor in its tender for the Contractor's Activities; to the extent not inconsistent with the requirements of the Contract, on the approach set out in the Methodology Statement; and otherwise in accordance with the requirements of the Contract Contract, and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), and submit an updated or amended Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the Contractor's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Appears in 1 contract
Sources: Head Contract
Project Plans. The ContractorConsultant must: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: ): prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the outline approach to preparing the Project Plans and performing the Services to be covered by the Contractor Project Plans, submitted by the Consultant in its tender proposal for the Contractor's Activities, Services and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator Commonwealth's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified set out in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator Commonwealth's Representative has had the number of days specified set out in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorContract; after the Project Plans have been finalised, continue to regularly review its Project Plans, including in accordance with any obligations imposed by the definition of each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Commonwealth's Representative or the Contractor), Consultant) and submit an updated or amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B - E A-D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its Contract obligations or from any of its liabilities whether under the Contract or otherwise at according to law or in equity as a result of: the implementation of, of and compliance with, with the requirements of any Project Plan; any direction by the Contract Administrator Commonwealth's Representative concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Commonwealth's Representative of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract AdministratorCommonwealth's Representative, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Commonwealth's Representative or other person. Clause 5.17 does not apply unless the Contract Particulars state it applies. The Consultant must provide to the Commonwealth's Representative written certification from an Accredited Building Surveyor: at the time it submits any Consultant Material under clause 5.2 - that the Consultant Material submitted at that time complies with the MFPE and the National Construction Code; before issue of any Consultant Material for the purpose of engaging a Project Contractor - that the Consultant Material to be issued at that time complies with the MFPE and the National Construction Code; and prior to Completion (as defined in the Project Contract) of the Project or a Stage or a Section (as the case may be and as defined in the Project Contract) - that the Project complies or the Stage or the Section (as the case may be and as defined in the Project Contract) comply (as the case may be) with the MFPE and the National Constriction Code, except to the extent of any dispensation granted by the ASEE and identified in the certification. To the extent that there is any inconsistency between the MFPE and the National Construction Code, the MFPE prevails.
Appears in 1 contract
Sources: Panel Agreement
Project Plans. The ContractorConsultant must: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i)): prepare draft Project Plans, must: prepare based on the outline approach to preparing the Project Plans based, where applicable, on and performing the draft Services to be covered by the Project Plans lodged submitted by the Contractor Consultant in its tender proposal for the Contractor's Activities, Services and otherwise in accordance with the requirements of the Contract Contract, and submit them to the Contract Administrator Commonwealth's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator Commonwealth's Representative has had the number of days specified in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorContract; after the Project Plans have been finalised, continue to regularly review its Project Plans, including in accordance with any obligations imposed by the definition of each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Commonwealth's Representative or the Contractor), Consultant) and submit an updated or amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B A. - E D. will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its Contract obligations or from any of its liabilities whether under the Contract or otherwise at according to law or in equity as a result of: the implementation of, of and compliance with, with the requirements of any Project Plan; any direction by the Contract Administrator Commonwealth's Representative concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Commonwealth's Representative of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract AdministratorCommonwealth's Representative, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Commonwealth's Representative or other person. This clause 5.14 does not apply unless the Contract Particulars state it applies. Without limiting clauses 2.10 or 2.11, the Consultant must provide to the Commonwealth's Representative written certification from an Accredited Building Surveyor: at the time it submits any Consultant Material under clause 5.2 - that the Consultant Material submitted at that time complies with the MFPE and the National Construction Code; before issue of any Consultant Material for the purpose of engaging a Project Contractor - that the Consultant Material to be issued at that time complies with the MFPE and the National Construction Code; and prior to Completion (as defined in the Project Contract) of the Project or a Stage (as the case may be and as defined in the Project Contract) - that the Project complies or the Stage (as the case may be and as defined in the Project Contract) comply (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 that there is any inconsistency between the MFPE and the National Construction Code, the MFPE prevails.
Appears in 1 contract
Sources: Panel Agreement
Project Plans. The ContractorConsultant must: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: ): prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the outline approach to preparing the Project Plans and performing the Services to be covered by the Contractor Project Plans, submitted by the Consultant in its tender for the Contractor's Activities, Services and otherwise in accordance with the requirements of the Contract Subcontract and submit them to the Contract Administrator Contractor's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified set out in the Contract Subcontract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator Contractor's Representative has had the number of days specified set out in the Contract Subcontract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorContractor's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorSubcontract; after the Project Plans have been finalised, continue to regularly review its Project Plans, including in accordance with any obligations imposed by the definition of each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Contractor's Representative or the Contractor), Consultant) and submit an updated or amended draft of the Project Plan to the Contract AdministratorContractor's Representative, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B - E A-D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its Subcontract obligations or from any of its liabilities whether under the Contract Subcontract or otherwise at according to law or in equity as a result of: the implementation of, of and compliance with, with the requirements of any Project Plan; any direction by the Contract Administrator Contractor's Representative concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Contractor's Representative of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract AdministratorContractor's Representative, or anyone else acting on behalf of the CommonwealthContractor, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Contractor's Representative or other person. Clause 6.15 does not apply unless the Subcontract Particulars state it applies. The Consultant must provide to the Contractor's Representative written certification from an Accredited Building Surveyor: at the time it submits any Consultant Material under clause 6.2 - that the Consultant Material submitted at that time complies with the MFPE and the National Construction Code; before issue of any Consultant Material for the purpose of engaging a Project Contractor - that the Consultant Material to be issued at that time complies with the MFPE and the National Construction Code; and prior to Completion (as defined in the Project Contract) of the Project or a Stage or a Section (as the case may be and as defined in the Project Contract) - that the Project complies or the Stage or the Section (as the case may be and as defined in the Project Contract) comply (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 that there is any inconsistency between the MFPE and the National Construction Code, the MFPE prevails. Without limiting the Subcontract, the Services may include responding to Requests for Information (Request for Information Services). All documentation provided as part of the Request for Information Services will be deemed to form part of the Consultant Material. Without limiting the Subcontract or any Project Contract, the Consultant must: perform the Request for Information Services so as to ensure that the Request for Information Services fully address each Request for Information, reduce the need for further Requests for Information and minimise the Contractor's exposure to delay and extra costs under the Project Contracts to the maximum extent possible; submit (or resubmit) the Consultant Material prepared as Request for Information Services to the Contractor's Representative in accordance with clause 6.2; perform the Request for Information Services within the time required by the Project Contract, or if no time is specified in the Project Contract, by the time required by the Contractor's Representative including so as to minimise the Contractor's exposure to delay and extra costs under Project Contracts to the maximum extent possible; and for the purposes of performing the Request for Information Services, ensure that its personnel, subconsultants and other resources have appropriate availability, qualifications, experience, ability and expertise.
Appears in 1 contract
Sources: Proforma Services Subcontract
Project Plans. The Contractor: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft outline Project Plans lodged by the Contractor in its tender for the Contractor's Activities, Activities and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator PDS Contractor so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator PDS Contractor has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract AdministratorPDS Contractor; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorPDS Contractor; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract AdministratorPDS Contractor; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator PDS Contractor or the Contractor), and submit an updated or amended Project Plan to the Contract AdministratorPDS Contractor, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator PDS Contractor concerning a Project Plan or the Contractor's compliance or non-compliance non‑compliance with a Project Plan; any audit or other monitoring by the Contract Administrator PDS Contractor or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract AdministratorPDS Contractor, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator PDS Contractor or other person. Without limiting clause 8.9(a)(iii), the Contractor must: fully co-operate with the PDS Contractor, the Commonwealth and Other Contractors and take all steps necessary to ensure the timely, efficient, comprehensive and smooth completion of the HOTO Process; and without limiting paragraph (a): carry out all Contractor HOTO Obligations; ensure that all Contractor HOTO Obligations are carried out within any applicable timeframe prescribed by, or determined in accordance with, the HOTO Requirements; comply with: all applicable HOTO Requirements; and all commissioning, handover and takeover requirements described in the Contract; as and when required by the PDS Contractor, provide the Commonwealth with such other specific assistance as may be required by the Commonwealth to facilitate the timely, efficient, comprehensive and smooth completion of the HOTO Process; and as and when required by the PDS Contractor, meet with the PDS Contractor, the Commonwealth and Other Contractors for the purpose of ensuring that the PDS Contractor, the Commonwealth and Other Contractors have sufficient Project Documents to enable the PDS Contractor, the Commonwealth and Other Contractors to: occupy, use, operate and maintain the Works or the Section; and perform such other activities as may be required by the Commonwealth in respect of the Works or the Section.
Appears in 1 contract
Sources: Medium Works Contract
Project Plans. The ContractorSubcontractor: must carry out the Contractor's Subcontractor’s Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, based on the draft Project Plans lodged by the Contractor Subcontractor in its tender for the Contractor's Subcontractor’s Activities, and otherwise in accordance with the requirements of the Contract Subcontract, and submit them to the Contract Administrator Contractor’s Representative so as to ensure that there is no delay or disruption to the Contractor's Subcontractor’s Activities and in any event no later than the number of days specified in the Contract Subcontract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Subcontractor’s Activities to which any Project Plan applies, unless the Contract Administrator Contractor’s Representative has had the number of days specified in the Contract Subcontract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract AdministratorContractor’s Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Subcontractor’s Activities and in any event in accordance with the requirements of the Contract Subcontract to the satisfaction of the Contract AdministratorContractor’s Representative; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract AdministratorContractor’s Representative; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Contractor’s Representative or the ContractorSubcontractor), and submit an updated or amended Project Plan to the Contract AdministratorContractor’s Representative, after which: the Contractor Subcontractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor Subcontractor and subcontractor subsubcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Subcontractor will not be relieved from compliance with any of its obligations under the Contract Subcontract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator Contractor’s Representative concerning a Project Plan or the Contractor's Subcontractor’s compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator Contractor’s Representative or anyone else acting on behalf of the Commonwealth Contractor of the Contractor's Subcontractor’s compliance with a Project Plan; or any failure by the Contract AdministratorContractor’s Representative, or anyone else acting on behalf of the CommonwealthContractor, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Contractor’s Representative or other person.
Appears in 1 contract
Sources: Major Works Subcontract
Project Plans. The ContractorSubcontractor: must carry out the ContractorSubcontractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the outline approach to preparing the Project Plans, and performing the Subcontractor's Activities to be covered by the Contractor Project Plans, submitted by the Subcontractor in its tender for the ContractorSubcontractor's Activities, Activities and otherwise in accordance with the requirements of the Contract Subcontract and submit them to the Contract Administrator Contractor's Representative so as to ensure that there is no delay or disruption to the ContractorSubcontractor's Activities and in any event no later than the number of days specified set out in the Contract Subcontract Particulars after the Award Date for each Project Plan; not commence any of the ContractorSubcontractor's Activities to which any Project Plan applies, unless the Contract Administrator Contractor's Representative has had the number of days specified set out in the Contract Subcontract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorContractor's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the ContractorSubcontractor's Activities and in any event in accordance with the requirements of the Contract Subcontract to the satisfaction of the Contract AdministratorContractor's Representative; after each the Project Plan has Plans have been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Contractor's Representative or the Contractor), Subcontractor) and submit an updated or amended draft of the Project Plan to the Contract AdministratorContractor's Representative, after which: the Contractor Subcontractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended draft Project Plan; and subsubparagraphs B - E D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Subcontractor will not be relieved from compliance with any of its Subcontract obligations or from any of its liabilities whether under the Contract Subcontract or otherwise at according to law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator Contractor's Representative concerning a Project Plan or the ContractorSubcontractor's compliance or non-compliance non‑compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Contractor's Representative of the Commonwealth of the ContractorSubcontractor's compliance with a Project Plan; or any failure by the Contract AdministratorContractor's Representative, or anyone else acting on behalf of the CommonwealthContractor, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Contractor's Representative or other person.
Appears in 1 contract
Sources: Medium Works Subcontract
Project Plans. The ContractorConsultant: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged by the Contractor Consultant in its tender for the Contractor's ActivitiesServices, and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least least: on each anniversary of the Award Date); and if clause 9 applies, prior to the Date for Delivery Phase Agreement; update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the ContractorConsultant), and submit an updated or amended Project Plan to the Contract Administrator, after which: the Contractor Consultant must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor Consultant and subcontractor subconsultant personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Appears in 1 contract
Sources: Design Services Contract
Project Plans. The ContractorConsultant must: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i)): prepare draft Project Plans, must: prepare based on the outline approach to preparing the Project Plans based, where applicable, on and performing the draft Services to be covered by the Project Plans lodged submitted by the Contractor Consultant in its tender proposal for the Contractor's Activities, Services and otherwise in accordance with the requirements of the Contract Contract, and submit them to the Contract Administrator Commonwealth's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified set out in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator Commonwealth's Representative has had the number of days specified set out in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorContract; after the Project Plans have been finalised, continue to regularly review its Project Plans, including in accordance with any obligations imposed by the definition of each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Commonwealth's Representative or the Contractor), Consultant) and submit an updated or amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B A - E D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its Contract obligations or from any of its liabilities whether under the Contract or otherwise at according to law or in equity as a result of: the implementation of, of and compliance with, with the requirements of any Project Plan; any direction by the Contract Administrator Commonwealth's Representative concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Commonwealth's Representative of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract AdministratorCommonwealth's Representative, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Commonwealth's Representative or other person. Clause 5.15 does not apply unless the Contract Particulars state it applies. The Consultant must provide to the Commonwealth's Representative written certification from an Accredited Building Surveyor: at the time it submits any Consultant Material under clause 5.2 - that the Consultant Material submitted at that time complies with the MFPE and the National Construction Code; before issue of any Consultant Material for the purpose of engaging a Project Contractor - that the Consultant Material to be issued at that time complies with the MFPE and the National Construction Code; and prior to Completion (as defined in the Project Contract) of the Project or a Stage or a Section (as the case may be and as defined in the Project Contract) - that the Project complies or the Stage or the Section (as the case may be and as defined in the Project Contract) comply (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 that there is any inconsistency between the MFPE and the National Construction Code, the MFPE prevails.
Appears in 1 contract
Sources: Panel Agreement
Project Plans. The ContractorConsultant must: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: ): prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the outline approach to preparing the Project Plans and performing the Services to be covered by the Contractor Project Plans, submitted by the Consultant in its tender proposal for the Contractor's Activities, Services and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator Commonwealth's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified set out in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator Commonwealth's Representative has had the number of days specified set out in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorContract; after the Project Plans have been finalised, continue to regularly review its Project Plans, including in accordance with any obligations imposed by the definition of each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Commonwealth's Representative or the Contractor), Consultant) and submit an updated or amended draft of the Project Plan to the Contract AdministratorCommonwealth's Representative, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B - E A-D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its Contract obligations or from any of its liabilities whether under the Contract or otherwise at according to law or in equity as a result of: the implementation of, of and compliance with, with the requirements of any Project Plan; any direction by the Contract Administrator Commonwealth's Representative concerning a Project Plan or the ContractorConsultant's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Commonwealth's Representative of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract AdministratorCommonwealth's Representative, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Commonwealth's Representative or other person. Clause 24.17 does not apply unless the Contract Particulars state it applies. The Consultant must provide to the Commonwealth's Representative written certification from an Accredited Building Surveyor: at the time it submits any Consultant Material under clause 24.2 - that the Consultant Material submitted at that time complies with the MFPE and the National Construction Code; before issue of any Consultant Material for the purpose of engaging a Project Contractor - that the Consultant Material to be issued at that time complies with the MFPE and the National Construction Code; and prior to Completion (as defined in the Project Contract) of the Project or a Stage or a Section (as the case may be and as defined in the Project Contract) - that the Project complies or the Stage or the Section (as the case may be and as defined in the Project Contract) comply (as the case may be) with the MFPE and the National Constriction Code, except to the extent of any dispensation granted by the ASEE and identified in the certification. To the extent that there is any inconsistency between the MFPE and the National Construction Code, the MFPE prevails.
Appears in 1 contract
Sources: Panel Agreement
Project Plans. The ContractorConsultant: must carry out the Contractor's Activities Services in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the outline approach to preparing the Project Plans and performing the Services to be covered by the Contractor Project Plans, submitted by the Consultant in its tender for the Contractor's ActivitiesServices, and otherwise in accordance with the requirements of the Contract Subcontract and submit them to the Contract Administrator Contractor's Representative so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event no later than the number of days specified set out in the Contract Subcontract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities Services to which any Project Plan applies, unless the Contract Administrator Contractor's Representative has had the number of days specified set out in the Contract Subcontract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorContractor's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities Services and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorSubcontract; after each the Project Plan has Plans have been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Contractor's Representative or the Contractor), Consultant) and submit an updated or amended draft of the Project Plan to the Contract AdministratorContractor's Representative, after which: the Contractor Consultant must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended draft Project Plan; and subsubparagraphs B - E D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Consultant will not be relieved from compliance with any of its Subcontract obligations or from any of its liabilities whether under the Contract Subcontract or otherwise at according to law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator Contractor's Representative concerning a Project Plan or the ContractorConsultant's compliance or non-non compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Contractor's Representative of the Commonwealth of the ContractorConsultant's compliance with a Project Plan; or any failure by the Contract AdministratorContractor's Representative, or anyone else acting on behalf of the CommonwealthContractor, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Contractor's Representative or other person.
Appears in 1 contract
Sources: Design Services Subcontract
Project Plans. The ContractorSubcontractor: must carry out the ContractorSubcontractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged based on the outline approach to preparing the Project Plans, and performing the Subcontractor's Activities to be covered by the Contractor Project Plans, submitted by the Subcontractor in its tender for the ContractorSubcontractor's Activities, Activities and otherwise in accordance with the requirements of the Contract Subcontract and submit them to the Contract Administrator Contractor's Representative so as to ensure that there is no delay or disruption to the ContractorSubcontractor's Activities and in any event no later than the number of days specified set out in the Contract Subcontract Particulars after the Award Date for each Project Plan; not commence any of the ContractorSubcontractor's Activities to which any Project Plan applies, unless the Contract Administrator Contractor's Representative has had the number of days specified set out in the Contract Subcontract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract AdministratorContractor's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the ContractorSubcontractor's Activities and in any event in accordance with the requirements of the Contract Subcontract to the satisfaction of the Contract AdministratorContractor's Representative; after each the Project Plan has Plans have been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Contractor's Representative or the Contractor), Subcontractor) and submit an updated or amended draft of the Project Plan to the Contract AdministratorContractor's Representative, after which: the Contractor Subcontractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended draft Project Plan; and subsubparagraphs B - E D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Subcontractor will not be relieved from compliance with any of its Subcontract obligations or from any of its liabilities whether under the Contract Subcontract or otherwise at according to law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator Contractor's Representative concerning a Project Plan or the ContractorSubcontractor's compliance or non-compliance non‑compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf Contractor's Representative of the Commonwealth of the ContractorSubcontractor's compliance with a Project Plan; or any failure by the Contract AdministratorContractor's Representative, or anyone else acting on behalf of the CommonwealthContractor, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Contractor's Representative or other person.
Appears in 1 contract
Sources: Major Works Subcontract
Project Plans. The Contractor: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, : where applicable, on the draft Project Plans lodged by the Contractor in its tender for the Contractor's Activities; to the extent not inconsistent with the requirements of the Contract, on the approach set out in the Methodology Statement; and otherwise in accordance with the requirements of the Contract Contract, and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least least: on each anniversary of the Award Date); and prior to the Date for Delivery Phase Approval; update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), and submit an updated or amended Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the Contractor's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Appears in 1 contract
Project Plans. The ContractorContractor must: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i)): prepare draft Project Plans, must: prepare Project Plans based, where applicable, on the draft outline approach to preparing the Project Plans lodged and performing the Contractor's Activities to be covered by the Project Plans submitted by the Contractor in its tender proposal for the Contractor's Activities, Activities and otherwise in accordance with the requirements of the Contract Contract, and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified set out in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator has had the number of days specified set out in the Contract Particulars for each Project Plan to review the draft Project Plan Plans and has not rejected the Project Planthem; if any draft Project Plan is rejected, submit an amended draft of the Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorContract; after the Project Plans have been finalised, continue to regularly review its Project Plans, including in accordance with any obligations imposed by the definition of each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), ) and submit an updated or amended draft of the Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and which subsubparagraphs B A - E D will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions inspections or audits undertaken as part of each any Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its Contract obligations or from any of its liabilities whether under the Contract or otherwise at law or in equity as a result of: the implementation of, of and compliance with, with the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the Contractor's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Appears in 1 contract
Sources: Panel Agreement
Project Plans. The Contractor: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged by the Contractor in its tender for the Contractor's Activities, and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least least: on each anniversary of the Award Date); and prior to the Date for Delivery Phase Approval; update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), and submit an updated or amended Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the Contractor's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Appears in 1 contract
Project Plans. The Contractor: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft outline Project Plans lodged by the Contractor in its tender for the Contractor's Activities, Activities and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator PDS Contractor so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator PDS Contractor has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract AdministratorPDS Contractor; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract AdministratorPDS Contractor; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract AdministratorPDS Contractor; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator PDS Contractor or the Contractor), and submit an updated or amended Project Plan to the Contract AdministratorPDS Contractor, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator PDS Contractor concerning a Project Plan or the Contractor's compliance or non-compliance non‑compliance with a Project Plan; any audit or other monitoring by the Contract Administrator PDS Contractor or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract AdministratorPDS Contractor, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator PDS Contractor or other person. Without limiting clause 8.9(a)(ii) or clause 13, the Contractor must: fully co-operate with the PDS Contractor, the Commonwealth and Other Contractors and take all steps necessary to ensure the timely, efficient, comprehensive and smooth completion of the HOTO Process; and without limiting paragraph (a): carry out all Contractor HOTO Obligations; ensure that all Contractor HOTO Obligations are carried out within any applicable timeframe prescribed by, or determined in accordance with, the HOTO Requirements; comply with: all applicable HOTO Requirements; and all commissioning, handover and takeover requirements described in the Contract, including the requirements in Annexure 1; as and when required by the PDS Contractor, provide the Commonwealth with such other specific assistance as may be required by the Commonwealth to facilitate the timely, efficient, comprehensive and smooth completion of the HOTO Process; and as and when required by the PDS Contractor, meet with the PDS Contractor, the Commonwealth and Other Contractors for the purpose of ensuring that the PDS Contractor, the Commonwealth and Other Contractors have sufficient Project Documents to enable the PDS Contractor, the Commonwealth and Other Contractors to: occupy, use, operate and maintain the Works or the Section; and perform such other activities as may be required by the Commonwealth in respect of the Works or the Section.
Appears in 1 contract
Sources: Medium Works Contract
Project Plans. The ContractorSubcontractor: must carry out the ContractorSubcontractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, based on the draft Project Plans lodged by the Contractor Subcontractor in its tender for the ContractorSubcontractor's Activities, and otherwise in accordance with the requirements of the Contract Subcontract, and submit them to the Contract Administrator Contractor's Representative so as to ensure that there is no delay or disruption to the ContractorSubcontractor's Activities and in any event no later than the number of days specified in the Contract Subcontract Particulars after the Award Date for each Project Plan; not commence any of the ContractorSubcontractor's Activities to which any Project Plan applies, unless the Contract Administrator Contractor's Representative has had the number of days specified in the Contract Subcontract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract AdministratorContractor's Representative; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the ContractorSubcontractor's Activities and in any event in accordance with the requirements of the Contract Subcontract to the satisfaction of the Contract AdministratorContractor's Representative; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract AdministratorContractor's Representative; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator Contractor's Representative or the ContractorSubcontractor), and submit an updated or amended Project Plan to the Contract AdministratorContractor's Representative, after which: the Contractor Subcontractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor Subcontractor and subcontractor subsubcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor Subcontractor will not be relieved from compliance with any of its obligations under the Contract Subcontract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator Contractor's Representative concerning a Project Plan or the ContractorSubcontractor's compliance or non-compliance non‑compliance with a Project Plan; any audit or other monitoring by the Contract Administrator Contractor's Representative or anyone else acting on behalf of the Commonwealth Contractor of the ContractorSubcontractor's compliance with a Project Plan; or any failure by the Contract AdministratorContractor's Representative, or anyone else acting on behalf of the CommonwealthContractor, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator Contractor's Representative or other person.
Appears in 1 contract
Sources: Medium Works Subcontract