STATE WORKS Clause Samples
STATE WORKS. (a) The Project Land to be subject to Leases in favour of the Company and the Trustee is to include certain improvements. Those improvements are to comprise the result of works, the design and construction of which is to be procured pursuant to the State Works Agreement.
(b) As between the parties to this Deed, the Trustee and the Company accept the risk of any delay in executing the State Works, any delay to Completion of any Section caused by the State Works, any defect in the State Works and any claim made, or loss, expense or injury incurred or suffered, in relation to the State Works to the same extent as applies to, and as if the State Works comprised part of, the Works under this Deed.
(c) The State Works are to be integrated with the Works and the Link and their design and execution is to be coordinated with that of the Works. The Company and the Trustee accept responsibility for that integration and coordination. The nature and extent of obligations and risks assumed by the Company, the Trustee or both of them under or in relation to the Project Documents are to be assessed as if the State had no obligation in relation to the State Works under paragraph (a) and as if the position in relation to the State Works were the same as the position in relation to any other component of the Works under this Deed.
STATE WORKS. In accordance with Clause 16 of this Agreement, Project Co must comply with the following obligations:
(a) Project Co must coordinate the DBFM Works with the State Works to ensure that the design and construction interfaces are proactively managed and resolved in the spirit of a partnering approach, as further described in Schedule 5 (Design Development) of this Agreement;
(b) for each of the State Works, Project Co must facilitate access for the State, State Associates and its contractors (as applicable) and their equipment to and through the Construction Site to enable the:
(i) Scheduled State Works to be undertaken in the manner intended and at the required time; and
(ii) Unscheduled State Works to be undertaken in the manner intended and at the required time, including by accommodating the Unscheduled State Works within the DBFM Works Program in accordance with Clause 16 of this Agreement;
(c) Project Co must make enquiries from the State to fully understand the nature of access required and the effects on the scheduling and undertaking of the DBFM Works. The progress of the State Works and the design and construction interfaces must be a standing item on the agenda for each monthly meeting of the Contract Management Team;
(d) Project Co must schedule the DBFM Works to take into account the timing for completion of the various activities comprising the State Works to avoid any requirement for rework or additional works by Project Co or any of the contractors delivering the State Works;
(e) Project Co must liaise with the State and State Associates, including the contractors delivering the State Works, (as applicable) for awareness of design details, construction methodology, scheduled activities and project timelines in relation to the State Works and the DBFM Works, including at the interface between these;
(f) Project Co must attend coordination and interface meetings as required to manage interfaces between the DBFM Works and the State Works;
(g) Project Co must attend any practical completion inspections in relation to those parts of the State Works which interface with the DBFM Works;
(h) Project Co acknowledges that the State Works may impact on:
(i) Project Co’s Construction Traffic Management Plan, Site Access and Interface Protocols, Construction Management Plan and Quality Management Plan;
(ii) access to the Construction Site, including by increased levels of traffic and reduced levels of access to the Construction Site, including as a result...