Common use of Scope of Supply Certain Seller Obligations Clause in Contracts

Scope of Supply Certain Seller Obligations. Seller shall manufacture, deliver, install, startup, test, and commission the Equipment and perform the associated Services as more fully described in Attachment 2 (“Technical Requirements”), subject to the terms and conditions in this Contract. The “Equipment” includes one Unit that shall be the third multi-hearth furnace to be installed at the Project (“Unit #3”). All Work shall be performed in strict accordance with this Contract. The Work to be performed by Seller is that Work specifically set forth in this Contract and the work necessarily incidental thereto. Except as otherwise provided in this Contract, Seller shall supply, at its own cost, all equipment, materials, labor and any other supplies, equipment or services (other than those obligations to be performed by or on behalf of Purchaser pursuant to the terms of this Contract, including supplying those Certain Purchaser Test Obligations) necessary to properly perform the Work. Any quantity, list, division or classification of Work in any of the plans or drawings is furnished only to facilitate the Work and does not limit Seller’s obligations hereunder. Seller shall check all such information and satisfy itself that it is correct. In no event shall Purchaser’s review or comment relieve Seller of its responsibilities. Seller shall at its expense comply with all of its obligations under the Contract Documents and shall provide everything required of it for the execution of the Work including, but not limited to, home office support, insurance, technical field assistance, engineering, fabrication, manufacturing, transportation, installation, drawings and documentation, operations and maintenance manuals, start-up services, commissioning, and performance testing unless explicitly excluded or limited in this Contract. Seller shall perform and execute the terms of this Contract as an independent contractor, and Seller acknowledges that Seller is not and shall not be, nor shall it act or hold itself out as an agent or employee of Purchaser or EPC Contractor pursuant to this Contract. As, and to the extent, the Parties may desire, Seller may be designated an agent of Purchaser pursuant to a separate agency agreement between the Parties. Seller shall be solely responsible for all construction means, methods, techniques, sequences, procedures, training and startup in connection with the performance of the Work, except as otherwise required hereunder (e.g., Seller shall comply with EPC Contractor’s Project safety program). Seller recognizes that the Work is part of the larger Project and Seller has included in the Contract Price all costs for complying with Site requirements set forth in Attachment 16 (“Site Requirements”) and EPC Contractor’s safety requirements (BE&K Safety and Health Procedures, Sept 2003) provided to Seller by Purchaser prior to the Effective Date. Seller shall prepare and submit to Purchaser written monthly progress reports in form and substance substantially similar to reports prepared by Seller for other projects similar to the Project and reasonably satisfactory to Purchaser; provided, however, that such reports may be consolidated with similar reports prepared in connection with one or more of the other Multi-Hearth Furnace Contracts related to the Units. Seller shall at all times keep the Site free from unreasonable accumulation its waste materials or rubbish. As soon as practicable after the completion of the Work on Site, Seller shall remove all waste material and rubbish from and around the Site, and Seller shall also remove all of its construction and installation equipment and materials not required to complete Seller’s obligations to Purchaser under the other Multi-Hearth Furnace Contracts.

Scope of Supply Certain Seller Obligations. Seller shall manufacture, deliver, install, startup, test, and commission the Equipment and perform the associated Services as more fully described in Attachment 2 (“Technical Requirements”), subject to the terms and conditions in this Contract. The “Equipment” includes one Unit that shall be the third fourth and final multi-hearth furnace to be installed at the Project (“Unit #34”). All Work shall be performed in strict accordance with this Contract. The Work to be performed by Seller is that Work specifically set forth in this Contract and the work necessarily incidental thereto. Except as otherwise provided in this Contract, Seller shall supply, at its own cost, all equipment, materials, labor and any other supplies, equipment or services (other than those obligations to be performed by or on behalf of Purchaser pursuant to the terms of this Contract, including supplying those Certain Purchaser Test Obligations) necessary to properly perform the Work. Any quantity, list, division or classification of Work in any of the plans or drawings is furnished only to facilitate the Work and does not limit Seller’s obligations hereunder. Seller shall check all such information and satisfy itself that it is correct. In no event shall Purchaser’s review or comment relieve Seller of its responsibilities. Seller shall at its expense comply with all of its obligations under the Contract Documents and shall provide everything required of it for the execution of the Work including, but not limited to, home office support, insurance, technical field assistance, engineering, fabrication, manufacturing, transportation, installation, drawings and documentation, operations and maintenance manuals, start-up services, commissioning, and performance testing unless explicitly excluded or limited in this Contract. Seller shall perform and execute the terms of this Contract as an independent contractor, and Seller acknowledges that Seller is not and shall not be, nor shall it act or hold itself out as an agent or employee of Purchaser or EPC Contractor pursuant to this Contract. As, and to the extent, the Parties may desire, Seller may be designated an agent of Purchaser pursuant to a separate agency agreement between the Parties. Seller shall be solely responsible for all construction means, methods, techniques, sequences, procedures, training and startup in connection with the performance of the Work, except as otherwise required hereunder (e.g., Seller shall comply with EPC Contractor’s Project safety program). Seller recognizes that the Work is part of the larger Project and Seller has included in the Contract Price all costs for complying with Site requirements set forth in Attachment 16 (“Site Requirements”) and EPC Contractor’s safety requirements (BE&K Safety and Health Procedures, Sept 2003) provided to Seller by Purchaser prior to the Effective Date. Seller shall prepare and submit to Purchaser written monthly progress reports in form and substance substantially similar to reports prepared by Seller for other projects similar to the Project and reasonably satisfactory to Purchaser; provided, however, that such reports may be consolidated with similar reports prepared in connection with one or more of the other Multi-Hearth Furnace Contracts related to the Units. Seller shall at all times keep the Site free from unreasonable accumulation its waste materials or rubbish. As soon as practicable after the completion of the Work on Site, Seller shall remove all waste material and rubbish from and around the Site, and Seller shall also remove all of its construction and installation equipment and materials not required to complete Seller’s obligations to Purchaser under the other Multi-Hearth Furnace Contracts.

Scope of Supply Certain Seller Obligations. Seller shall manufacture, deliver, install, startup, test, and commission the Equipment and perform the associated Services as more fully described in Attachment 2 (“Technical Requirements”), subject to the terms and conditions in this Contract. The “Equipment” includes one Unit that shall be the third first multi-hearth furnace to be installed at the Project (“Unit #31”). All Work shall be performed in strict accordance with this Contract. The Work to be performed by Seller is that Work specifically set forth in this Contract and the work necessarily incidental thereto. Except as otherwise provided in this Contract, Seller shall supply, at its own cost, all equipment, materials, labor and any other supplies, equipment or services (other than those obligations to be performed by or on behalf of Purchaser pursuant to the terms of this Contract, including supplying those Certain Purchaser Test Obligations) necessary to properly perform the Work. Any quantity, list, division or classification of Work in any of the plans or drawings is furnished only to facilitate the Work and does not limit Seller’s obligations hereunder. Seller shall check all such information and satisfy itself that it is correct. In no event shall Purchaser’s review or comment relieve Seller of its responsibilities. Seller shall at its expense comply with all of its obligations under the Contract Documents and shall provide everything required of it for the execution of the Work including, but not limited to, home office support, insurance, technical field assistance, engineering, fabrication, manufacturing, transportation, installation, drawings and documentation, operations and maintenance manuals, start-up services, commissioning, and performance testing unless explicitly excluded or limited in this Contract. Seller shall perform and execute the terms of this Contract as an independent contractor, and Seller acknowledges that Seller is not and shall not be, nor shall it act or hold itself out as an agent or employee of Purchaser or EPC Contractor pursuant to this Contract. As, and to the extent, the Parties may desire, Seller may be designated an agent of Purchaser pursuant to a separate agency agreement between the Parties. Seller shall be solely responsible for all construction means, methods, techniques, sequences, procedures, training and startup in connection with the performance of the Work, except as otherwise required hereunder (e.g., Seller shall comply with EPC Contractor’s Project safety program). Seller recognizes that the Work is part of the larger Project and Seller has included in the Contract Price all costs for complying with Site requirements set forth in Attachment 16 (“Site Requirements”) and EPC Contractor’s safety requirements (BE&K Safety and Health Procedures, Sept 2003) provided to Seller by Purchaser prior to the Effective Date. Seller shall prepare and submit to Purchaser written monthly progress reports in form and substance substantially similar to reports prepared by Seller for other projects similar to the Project and reasonably satisfactory to Purchaser; provided, however, that such reports may be consolidated with similar reports prepared in connection with one or more of the other Multi-Hearth Furnace Contracts related to the Units. Seller shall at all times keep the Site free from unreasonable accumulation its waste materials or rubbish. As soon as practicable after the completion of the Work on Site, Seller shall remove all waste material and rubbish from and around the Site, and Seller shall also remove all of its construction and installation equipment and materials not required to complete Seller’s obligations to Purchaser under the other Multi-Hearth Furnace Contracts.

Scope of Supply Certain Seller Obligations. Seller shall manufacture, deliver, install, startup, test, and commission the Equipment and perform the associated Services as more fully described in Attachment 2 (“Technical Requirements”), subject to the terms and conditions in this Contract. The “Equipment” includes one Unit that shall be the third second multi-hearth furnace to be installed at the Project (“Unit #32”). All Work shall be performed in strict accordance with this Contract. The Work to be performed by Seller is that Work specifically set forth in this Contract and the work necessarily incidental thereto. Except as otherwise provided in this Contract, Seller shall supply, at its own cost, all equipment, materials, labor and any other supplies, equipment or services (other than those obligations to be performed by or on behalf of Purchaser pursuant to the terms of this Contract, including supplying those Certain Purchaser Test Obligations) necessary to properly perform the Work. Any quantity, list, division or classification of Work in any of the plans or drawings is furnished only to facilitate the Work and does not limit Seller’s obligations hereunder. Seller shall check all such information and satisfy itself that it is correct. In no event shall Purchaser’s review or comment relieve Seller of its responsibilities. Seller shall at its expense comply with all of its obligations under the Contract Documents and shall provide everything required of it for the execution of the Work including, but not limited to, home office support, insurance, technical field assistance, engineering, fabrication, manufacturing, transportation, installation, drawings and documentation, operations and maintenance manuals, start-up services, commissioning, and performance testing unless explicitly excluded or limited in this Contract. Seller shall perform and execute the terms of this Contract as an independent contractor, and Seller acknowledges that Seller is not and shall not be, nor shall it act or hold itself out as an agent or employee of Purchaser or EPC Contractor pursuant to this Contract. As, and to the extent, the Parties may desire, Seller may be designated an agent of Purchaser pursuant to a separate agency agreement between the Parties. Seller shall be solely responsible for all construction means, methods, techniques, sequences, procedures, training and startup in connection with the performance of the Work, except as otherwise required hereunder (e.g., Seller shall comply with EPC Contractor’s Project safety program). Seller recognizes that the Work is part of the larger Project and Seller has included in the Contract Price all costs for complying with Site requirements set forth in Attachment 16 (“Site Requirements”) and EPC Contractor’s safety requirements (BE&K Safety and Health Procedures, Sept 2003) provided to Seller by Purchaser prior to the Effective Date. Seller shall prepare and submit to Purchaser written monthly progress reports in form and substance substantially similar to reports prepared by Seller for other projects similar to the Project and reasonably satisfactory to Purchaser; provided, however, that such reports may be consolidated with similar reports prepared in connection with one or more of the other Multi-Hearth Furnace Contracts related to the Units. Seller shall at all times keep the Site free from unreasonable accumulation its waste materials or rubbish. As soon as practicable after the completion of the Work on Site, Seller shall remove all waste material and rubbish from and around the Site, and Seller shall also remove all of its construction and installation equipment and materials not required to complete Seller’s obligations to Purchaser under the other Multi-Hearth Furnace Contracts.