Common use of Subcontract Works Clause in Contracts

Subcontract Works. 1.1 The Subcontractor shall perform the Subcontract Works in accordance with the Statement of Works and Materials (Attachment B). 1.2 The Subcontractor must ensure that any design, program or plan prepared by the Subcontractor will: (i) be fit for its intended purpose; (ii) meet any statutory requirements and the requirements of this Subcontract Agreement; and (iii) not infringe any industrial or intellectual property rights of a third party. 1.3 If at any time the Subcontract Works, or any materials or goods used by the Subcontractor in connection with the Subcontract Works are not in accordance with this Subcontract Agreement, ▇▇▇▇ may direct the Subcontractor to replace, correct, remove or vary it at no cost to ▇▇▇▇. 1.4 The Subcontractor must properly and diligently execute the Subcontract Works with the degree of skill, care and competence expected of a skilled tradesman, technical or professional person experienced in performing the same or similar work. 1.5 The Subcontractor must ensure that the Program Schedule (Attachment C) is adhered to at all times and immediately notify ▇▇▇▇, in writing, in the event of the Program Schedule is not being met or has reasonable belief that the Program Schedule will not be met. 1.6 All Subcontract Work must be conducted with no or minimal disruption to ▇▇▇▇, its employees, agents and customers. 1.7 The Subcontractor must comply with all applicable Environmental, Occupational Health and Safety Legislation, and with all reasonable requirements of ▇▇▇▇’ health and safety policies and procedures, whilst performing the Subcontract Works. In performing the Subcontract Works, the Subcontractor shall comply with the Environmental Health and Safety Conditions specified in Attachment E. 1.8 During the Subcontract Works, or any rectification work, the Subcontractor must keep the direct and surrounding location of the Subcontract Works clean, safe, and remove all rubbish from the location on a daily basis. The cost of cleaning and rubbish removal shall be borne by the Subcontractor, unless otherwise specified in this Subcontract Agreement. 1.9 The Subcontractor shall only, at the sole discretion of ▇▇▇▇, be entitled to a reasonable extension of time for carrying out the Subcontract Works if: (a) The reason for any cause of delay is beyond the reasonable control of the Subcontractor, and this cause will delay the execution or completion of the Subcontract Works. (b) The Subcontractor gives ▇▇▇▇ written notice within five (5) days of the Subcontractor becoming aware of an event that will cause delay. Such notice must provide full details of the reason for the delay, the expected duration of the delay, and any actions proposed to be taken by the Subcontractor at its own cost to mitigate the duration of the delay. 1.10 ▇▇▇▇ shall determine when Practical Completion of the Subcontract Works has been achieved. This determination will be made in accordance with the criteria and provisions set out in the Statement of Works and Materials (Attachment B) and clauses 1.2, 1.3 and 1.4. ▇▇▇▇ shall notify the Subcontractor in writing when it has determined that Practical Completion has been achieved. 1.11 The parties agree that the determination made by ▇▇▇▇ pursuant to the provisions of clause 1.10 shall be final and binding and not subject to review. 1.12 The Subcontractor shall not sublet or assign any works or part of the works described in this Subcontract Agreement without prior written approval from the authorised ▇▇▇▇ contract coordinator. Approval shall only be given subject to ensuring compliance with all applicable Subcontractor environmental health and safety (EH&S) obligations set out under this Subcontract Agreement and at law. 1.13 The parties agree that the Subcontractor shall be an independent contractor to ▇▇▇▇ and that nothing contained herein shall be construed as creating any other relationship and that no change shall be construed as creating a joint venture or agency between ▇▇▇▇ and the Subcontractor. Further, the Subcontractor shall be exclusively responsible for the control and direction of all those it engages to perform the Work. The Subcontractor shall assume full responsibility for the acts and omissions of such persons. The Subcontractor and its employees shall not at any time represent themselves as being employees of ▇▇▇▇. 1.14 ▇▇▇▇ shall have the right to instruct the removal from the Works of any of the Subcontractors employees, servants or agents who in the reasonable opinion of ▇▇▇▇ do not meet any Environmental Health & Safety Conditions set out in Attachment E, misconduct themselves or whose actions shall breach the terms of this Subcontract Agreement or the Statement of Work. 1.15 The Subcontractor acknowledges and agrees that it has been engaged by ▇▇▇▇ pursuant to ▇▇▇▇’ obligations to perform certain works under contract to ▇▇▇▇’ customer (“Head Contract”). The Subcontractor has been given the opportunity to view the Head Contract, is aware of the Head Contract price (“Contract Price”) and acknowledges and agrees that ▇▇▇▇ may suffer loss or damage under the Head Contract should the Subcontractor fail to comply with its obligations under the Subcontract Agreement. 1.16 ▇▇▇▇ may issue individual Purchase Orders for specified works pursuant to this Subcontract. The Statement of Work, Program Schedule and Payment Schedule in any Purchase Order shall be taken to be that term specified in the Subcontract.

Subcontract Works. 1.1 1.1. The Subcontractor shall perform the Subcontract Works in accordance with the Statement of Works and Materials (Attachment B). 1.2 1.2. The Subcontractor must ensure that any design, program or plan prepared by the Subcontractor will: (ia) be fit for its intended purpose; (iib) meet any statutory requirements and the requirements of this Subcontract Agreement; and (iiic) not infringe any industrial or intellectual property rights of a third party. 1.3 1.3. If at any time the Subcontract Works, or any materials or goods used by the Subcontractor in connection with the Subcontract Works are not in accordance with this Subcontract Agreement, ▇▇▇▇ may direct the Subcontractor to replace, correct, remove or vary it at no cost to ▇▇▇▇..‌ 1.4 1.4. The Subcontractor must properly and diligently execute the Subcontract Works with the degree of skill, care and competence expected of a skilled tradesman, technical or professional person experienced in performing the same or similar work. 1.5 1.5. The Subcontractor must ensure that the Program Schedule (Attachment C) is adhered to at all times and immediately notify ▇▇▇▇, in writing, in the event of the Program Schedule is not being met or has reasonable belief that the Program Schedule will not be met. 1.6 1.6. All Subcontract Work must be conducted with no or minimal disruption to ▇▇▇▇Otis, its employees, agents and customers. 1.7 1.7. The Subcontractor must comply with all applicable Environmental, Occupational Health and Safety Legislation, and with all reasonable requirements of ▇▇▇▇’ health and safety policies and procedures, whilst performing the Subcontract Works. In performing the Subcontract Works, the Subcontractor shall comply with the Environmental Health and Safety Conditions specified in Attachment E. 1.8 1.8. During the Subcontract Works, or any rectification work, the Subcontractor must keep the direct and surrounding location of the Subcontract Works clean, safe, and remove all rubbish from the location on a daily basis. The cost of cleaning and rubbish removal shall be borne by the Subcontractor, unless otherwise specified in this Subcontract Agreement. 1.9 1.9. The Subcontractor shall only, at the sole discretion of ▇▇▇▇, be entitled to a reasonable extension of time for carrying out the Subcontract Works if: (a) The reason for any cause of delay is beyond the reasonable control of the Subcontractor, and this cause will delay the execution or completion of the Subcontract Works. (b) The Subcontractor gives ▇▇▇▇ written notice within five (5) days of the Subcontractor becoming aware of an event that will cause delay. Such notice must provide full details of the reason for the delay, the expected duration of the delay, and any actions proposed to be taken by the Subcontractor at its own cost to mitigate the duration of the delay. 1.10 1.10. ▇▇▇▇ shall determine (acting reasonably) when Practical Completion of the Subcontract Works has been achieved. This determination will be made in accordance with the criteria and provisions set out in the Statement of Works and Materials (Attachment B) and clauses 1.2, 1.3 and 1.4. ▇▇▇▇ shall notify the Subcontractor in writing when it has determined that Practical Completion has been achieved. 1.11 1.11. The parties agree that the determination made by ▇▇▇▇ pursuant to the provisions of clause 1.10 shall be final and binding and not subject to review. 1.12 1.12. The Subcontractor shall not sublet or assign any works or part of the works described in this Subcontract Agreement without prior written approval from the authorised ▇▇▇▇ contract coordinator. Approval shall only be given subject to ensuring compliance with all applicable Subcontractor environmental health and safety (EH&S) obligations set out under this Subcontract Agreement and at law. 1.13 1.13. The parties agree that the Subcontractor shall be an independent contractor to ▇▇▇▇ and that nothing contained herein shall be construed as creating any other relationship and that no change shall be construed as creating a joint venture or agency between ▇▇▇▇ and the Subcontractor. Further, the Subcontractor shall be exclusively responsible for the control and direction of all those it engages to perform the Work. The Subcontractor shall assume full responsibility for the acts and omissions of such persons. The Subcontractor and its employees shall not at any time represent themselves as being employees of ▇▇▇▇. 1.14 1.14. ▇▇▇▇ shall have the right to instruct the removal from the Works of any of the Subcontractors employees, servants or agents who who, in the reasonable opinion of ▇▇▇▇ ▇, do not meet any Environmental Health & Safety Conditions set out in Attachment E, misconduct themselves or whose actions shall breach the terms of this Subcontract Agreement or the Statement of Work. 1.15 1.15. The Subcontractor acknowledges and agrees that it has been engaged by ▇▇▇▇ pursuant to ▇▇▇▇’ obligations to perform certain works under contract to ▇▇▇▇’ customer (“Head Contract”). The Subcontractor has been given the opportunity to view the Head Contract, is aware of the Head Contract price (“Contract Price”) and acknowledges and agrees that ▇▇▇▇ may suffer loss or damage under the Head Contract should the Subcontractor fail to comply with its obligations under the Subcontract Agreement. 1.16 1.16. ▇▇▇▇ may issue individual Purchase Orders for specified works pursuant to this Subcontract. The Statement of Work, Program Schedule and Payment Schedule in any Purchase Order shall be taken to be that term specified in the Subcontract.