Common use of UNEXPLODED ORDNANCE Clause in Contracts

UNEXPLODED ORDNANCE. 5.4.1 If any Unexploded Ordnance is discovered in the Concession Area at any time during the Concession Period, the Concessionaire shall: (a) take all steps required by the Applicable Law in relation to such Unexploded Ordnance; (b) immediately notify any Public Authority responsible for the disposal of explosives, the Grantor and the Independent Engineer of such discovery; (c) cease and not carry out any operations which may detonate or in any way interfere with the Unexploded Ordnance or its safe removal and disposal, and take such steps as any appropriate Public Authority may legally require; and (d) take all necessary steps to protect the lives and safety of any natural persons in the Concession Area or its vicinity. 5.4.2 The Grantor, any appropriate Public Authority and any Person acting on behalf of either of them shall be entitled to have access to the Concession Area for the purposes of investigating any Unexploded Ordnance, drawing up a plan to deal with the Unexploded Ordnance, any related excavation work and/or defusing or otherwise disposing of the Unexploded Ordnance, and the Concessionaire shall provide reasonable assistance to the Grantor, any appropriate Public Authority and/or any Person acting on behalf of either of them. 5.4.3 If compliance with this Article 5.4 requires suspension or delay of the Works, the Parties should refer to the extension procedure provided by Article 14.4. 5.4.4 If the costs of completion of the Works and/or delivery of the Services increase as a direct result of compliance with the requirements of this Article 5.4, then, subject to Article 5.4.5, the Concessionaire shall be entitled to compensation for such increased costs upon the submission by the Concessionaire to the Grantor of data, documents and information evidencing the amount of such increased costs, including any data, documents or information reasonably requested by the Grantor, in all cases certified by the Concessionaire as being accurate and complete. Such compensation shall be provided: (a) during the Construction Period, by a direct payment from the Grantor to the Concessionaire; (b) after the end of the Construction Period, by an extension of the Concession Period (subject to the Concessionaire's consent), a direct payment from the Grantor to the Concessionaire or a temporary decrease of the Concession Fee or by any combination of the foregoing. 5.4.5 The Concessionaire shall not be entitled to any extension or costs under this Article 5.4 to the extent such delay in the Works or additional cost arises from its failure to comply with its obligations under Article 5.4.1 or if the completion of the Works is already affected by delays attributable to the breach by the Concessionaire of other provisions of this Agreement.

UNEXPLODED ORDNANCE. 5.4.1 This clause does not apply unless the Contract Particulars states that it applies. If the Contractor considers it has or is likely to have encountered an Unexploded Ordnance, it must: suspend the Remediation Works and any Unexploded Ordnance is discovered other Contractor's Activities in the Concession Area at any time during vicinity of the Concession Period, the Concessionaire shall: (a) take all steps required by the Applicable Law in relation to such Unexploded Ordnance; (b) immediately notify any Public Authority responsible for ; clearly mark the disposal location of explosives, the Grantor and the Independent Engineer of such discovery; (c) cease and not carry out any operations which may detonate or in any way interfere with Unexploded Ordnance; protect the Unexploded Ordnance and not touch or its safe removal disturb it further; ensure all persons and disposalmaterials, plant and take such steps as any appropriate Public Authority may legally require; and (d) take all necessary steps to protect the lives and safety equipment are kept clear of any natural persons in the Concession Area or its vicinity. 5.4.2 The Grantor, any appropriate Public Authority and any Person acting on behalf of either of them shall be entitled to have access to the Concession Area for the purposes of investigating any Unexploded Ordnance, drawing up a plan to deal with the Unexploded Ordnance, any related excavation work and/or defusing or otherwise disposing ; immediately give the Contract Administrator notice in writing of the Unexploded Ordnance, its features and precise location; comply with any instructions of the Contract Administrator in relation to the Unexploded Ordnance; and comply with clause 8.13. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under clause 6.6(b)(v): determine (in its absolute discretion) whether an Unexploded Ordnance has been encountered; and notify the Contractor and the Concessionaire shall provide reasonable assistance Commonwealth of the Contract Administrator's determination. If the Contract Administrator determines that an Unexploded Ordnance has been encountered, the Contractor will be entitled to: an extension of time to any relevant Date for Remediation Completion where it is otherwise so entitled under clause 10.8; and be paid by the Commonwealth any extra costs reasonably incurred by the Contractor after the giving of a notice under subparagraph 6.6(b)(v) arising from the Unexploded Ordnance, as determined by the Contract Administrator and added to the Grantor, any appropriate Public Authority and/or any Person acting on behalf of either of them. 5.4.3 If compliance with this Article 5.4 requires suspension or delay of the Works, the Parties should refer to the extension procedure provided by Article 14.4. 5.4.4 If the costs of completion of the Works and/or delivery of the Services increase as a direct result of compliance with the requirements of this Article 5.4, thenContract Price, subject to Article 5.4.5the Contractor taking all steps possible to mitigate those extra costs. If the Contract Administrator determines that an Unexploded Ordnance has not been encountered, then the Concessionaire shall be entitled to compensation for such increased costs upon Contractor: must immediately recommence the submission by the Concessionaire to the Grantor of data, documents suspended Remediation Works and information evidencing the amount of such increased costs, including any data, documents or information reasonably requested by the Grantor, in all cases certified by the Concessionaire as being accurate other Contractor's Activities; and complete. Such compensation shall be provided: (a) during the Construction Period, by a direct payment from the Grantor to the Concessionaire; (b) after the end of the Construction Period, by an extension of the Concession Period (subject to the Concessionaire's consent), a direct payment from the Grantor to the Concessionaire or a temporary decrease of the Concession Fee or by any combination of the foregoing. 5.4.5 The Concessionaire shall will not be entitled to bring any extension Claim against the Commonwealth arising out of or costs under this Article 5.4 in connection with any action the Contractor was required to the extent such delay in the Works or additional cost arises from its failure take to comply with its obligations under Article 5.4.1 or if the completion of the Works is already affected by delays attributable to the breach by the Concessionaire of other provisions of this Agreementparagraph (a).