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| 06 January 2009 | ||
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17 (1) Giving notices and payment of fees
(2) Employers responsibility for approval
(3) Contractors responsibility for consents
(4) Contractor to be compensated
18 Fossils, etc
19 (1) Patent and protected rights
(2) Payment for rights
20 (1) Pollution prevention and interference with access
(2) Excessive traffic
(3) Indemnity by Contractor
21 (1) Opportunities afforded to other persons
(2) Additional payment for providing facilities
22 (1) Clearance of Site on completion
(2) Possible action by Employer
17.(1) Giving of notices and payment of fees
The Contractor
(a) shall in the execution of the Works conform with the provisions of, and give all notices and pay all fees, taxes, levies and other charges required to be given or paid in terms of
(i) any Act of Parliament, Ordinance, Regulation or By-law of any local or other statutory authority, and
(ii) conditions imposed by any other body or person specified in the Tender Documents;(b) hereby indemnifies the Employer against any liability for any breach of the provisions of paragraph (a).
(2) Employers responsibility for approval
The Employer shall be responsible for obtaining any planning approval required in respect of the Permanent Works and in respect of Temporary Works which are specified or designed by the Engineer.
(3) Contractors responsibility for consents
The Contractor shall be responsible for obtaining all requisite consents, permissions and permits for the execution of the Works arising from the provisions referred to in Sub-Clause (1)(a) and arising from the approvals referred to in Sub-Clause (2).
(4) Contractor to be compensated
The Employer shall refund to the Contractor all such sums as the Engineer shall certify to have been properly payable and paid by the Contractor in compliance with the aforegoing provisions of this Clause, unless the necessity for such payment was specified in the Tender Documents or such sums are payable by the Contractor in the ordinary course of his business.
18. Fossils, etc.
All fossils, coins, articles of value or antiquity and structures and other remains or
things of geological or archaeological interest discovered on the Site shall, as between the
Employer and the Contractor, be deemed to be the absolute property of the Employer.
The Contractor shall take reasonable precautions to prevent any person from removing or damaging any such article or thing and shall, immediately upon discovery thereof and
before removal, inform the Engineer of such discovery and carry out the Engineers instructions
for dealing therewith.
If, by reason of such instructions, the Contractor suffers any delay or incurs extra Cost he
shall be entitled to make a claim in accordance with Clause 51.
19. (1) Patent and protected rights
Save in respect of the Employers or the Engineers design of the Works or method of construction and proprietary brand materials specified by the Employer or the Engineer, the Contractor hereby indemnifies the Employer against any liability arising from infringement of any patent rights, design, trade-mark or name or other protected right in respect of any design work, Constructional Plant, machine, work, method of construction or material used for or in connection with the Works.
Except where otherwise specified in the Contract, the Contractor shall pay all amounts due in respect of the rights referred to in Sub-Clause (1).
20.(1) Pollution prevention and interference with access
All operations necessary for the execution of the Works shall, as far as compliance with the requirements of the Contract permits, be carried on so as not to cause unnecessary noise or pollution, or to interfere unnecessarily or improperly with public services, or the access to, use and occupation of public or private roads and footpaths or properties, whether in the possession of the Employer or of any other person.
The Contractor shall use every reasonable means to prevent any of the roads or bridges communicating with or in the vicinity of the Site from being subjected to damage by excessive loads or disruption due to excessive traffic occasioned by the Contractors or his subcontractors transport arrangements.
The Contractor hereby indemnifies the Employer against any liability arising out of the Contractors non-comp1iance with his obligations in terms of Sub-Clauses (1) and (2).
21.(1) Opportunities afforded to other persons
The Contractor shall, in accordance with the Contract or the requirements of the Engineer, afford on the Site all reasonable opportunities for carrying out their work to
(a) the Employer,
(b) any other contractors employed and other persons authorised by the Employer, and(c) any local or other statutory authorities,
who may be engaged in the execution on the Site of any work not included in the Contract, provided that adequate notice of the necessity therefore is given to the Contractor.
(2) Additional payment for providing facilities
If, pursuant to Sub-C1ause (1), the Contractor on the written instruction of the Engineer
(a) makes available to the Employer or to any such contractor or to any such authority any roads or ways for the maintenance of which the Contractor is responsible, or
(b) provides any other facility or service of whatsoever nature to any of the said persons or authorities,
the Contractor shall, unless otherwise provided in the Contract, be paid the additional Cost thereof.
22.(1) Clearance of Site on completion
As part of the completion of the Works or any portion thereof, the Contractor shall clear away and remove from the Site all Constructional Plant, surplus materials, rubbish and Temporary Works of every kind and leave the whole of the Site and Permanent Works clean and tidy
(a) in respect of all work and activity of the Contractor, and
(b) in respect of all work and activity carried out by other contractors or persons specified in instructions given by the Engineer, in which case the Contractor shall be paid any related additional Cost.
(2) Possible action by Employer
If the Contractor does not, within a reasonable time, comply with the requirements of Sub-Clause (1)(a), the Employer may have the Site cleared and recover the cost thereof from the Contractor.
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