JEM Form of Contract 1EM.CE 2011 For Chil Engineering Works (©) the compliangsof whieh has required (a) aed () shoves the Contractor sus, before he gives efecto such a change, write to dhe Bngieer requiring histo Jaro an natstion under Clause $1 2) Ifthe amount of fees and charges required to be pad by the Contactor under any Laws is iereased fer the Corrector has submits his Tender, the Conrsctor ean then recover the increased amount 8 Coss under Clause 53, 28 PATENT RIGHTS AND ROYALTIES 251 Patent Rights and Other Protected Rights (1) The Contractor must defend and indemnity the Employer ftom snd agains! all claims, costs, damages, charges and proceedings for any iniagemeat of any patent rghls, trademarks or any protected rights in respect of any Constrctional Pant end Equipment, materials, goods or designs {es prepared and submitted by the Contretor) used for, in eoanestion with o for ineorporatia into, the Works, (2) The Contractor isnot responsible ifthe infingement of any provoted rights stata in Clause 25(1(1) is a consequence of the Contractor's execution of the Works in accosdance with the ‘Conirect or in complying with an intrusion ofthe Engine. 252 Royalties (1) The Contactor must pay all tonnage, royalties, rn and any other payments or compensetion whatsoever for obtaining aggregates, cand, gravel, clay or any other materials royuired for the ‘Wars @ The obligation of the Conirecor to pay in Clause 25.2(1) applies even ifthe materials are not 19 be Incomoratd inte the Works, 26 ANTIQUITIES AND FOSSILS 261 Ownership of Diseovery (1) All fess, coin, structures. relies or articles of value or atigity and any ether remain or things of geological, historical or archacological interests discovered on the Site belong, as between the [ployer and the Contactor, tothe Eiployer, 262 Protection of Discovery (The Contmctr must ensure that ail reasonable precautions are tsken so that his workmen and those of his subcontracts" or any other persons donot remove fiom the Site or damage anything refered t in Clause 26.1(). (2) Upon the diseovery of anything refered t0 in Clause 26.1(1), the Contractor mut immediatly infoum he Engineer. Che discovery is something which is of immediate danger, the Contractor rust also lodge a report with the police (3) The Enginoer must give an intnetion as to the next course of action with respect to any sve discovery. If complying with such an instction ie the eause ofthe delay beyond the Date for Completion andthe Coatactor incurs wlditional Coss thon (@) the Engineer nmi ake the delay into consideration in determining any extended Date foe ‘Completion to which tie Contrsetor may be ented under Clause 4; ane (©) the Engineer must certify the additional Coss in accordance with he provisions of Chase 53 27. ENVIRONMENTAL MANAGEMENT AND QUALITY ASSURANCE, 274 Environmental Matters (2) The Contractor mest flly comply with the provisions of Environmental Quality Act 1974 inching say subsequent amendments 10 of -enichment ofthis Act. {5 Tike Tntiation of Engineers, Page 26 oF MalaysiaTEM Form of Contenct JEM.CE 2011 For Clot Engineering Works a2 oa 282 @) At the Employer ine carved ont an environmental impact asessment aut and the report of such tut is made available fo the Contractor prior (othe closing ofthe Tender, the Contactor mast side by ll esbetion, provisions and conditions in the rept. ©) im general, the Contactor is bound by all factors relating tothe environmental aspects ofthe Works af the Contactor i himself the Employer. (4) Without imiking the gener provision of Clause 27.1), if sw requirement ofthe Conkret that the Contractor i te provide en envronetetal protection ples the Contactor must den provide such plan within 14 days ofthe Date for Commencement. (5) ‘The Contractor retake all reasonable tops to protect the environment either on or offthe Site. He nus! ako avoid any damage oF nuisance (o tho public aya consequence of his execution of the Works (©) The Contractor must alan esr ou! the Works without unreasonable nose, disturbance or polation, Quality Plan (1) seis 4 roqusement of the Contec thatthe Contractor ust subait « Quality Pan, thi must be ‘ulted by the Contractor tothe Engineer within 28 days ofthe Date for Commencement 2) The Engineer may comment on the Quality Plan submited by the Contractor and the Contractor may tke into copsidertion the Engineer's comments and to revise the plan accordingly. ©) Ifthe Brployer bas ise instituted certain Quality Plan and a copy of his is (or relevant deals of ‘wich ae) made available 1 the Coneactor before the close of Tender, the Contactor must hen a8 {ar at possible adhere tothe Employer's Quality Plan or the disclosed detils of te Pien) o such an extent thatthe Employer will not bein breach of his own Plan, (4) Tue submission by the Contractor of any such Quality Plan, and any subsequent comments on it ‘given bythe Fngineer, eannat be laken (0 zelieve dhe Contactor of any of his obligations under the Contr (9) The Contracor mst implemen: the quality procedures in any subrritied Quality Plan end close all ‘non-conforming report. (6) The Contactor iat apacint «suitably qualiSed and experienced person f0 act as Quality Officer ‘on Site whows main diy is to ensue tse compliance abd smooth implementation of the Quality Plan submited by die Contector. LABOUR ‘Employment of Workmen and Labour (1) The Contractor most untes it is provided otherwise i the Contact, make his own arrangement for the employinent ofall kbour sn for ther salaries or wages, accomadation, welfare, food and transport (2) Inthero are foreigners being employed, the Contractor mest a thet ov costs and expenses obtain valid working permits and in general ensure tht afl relevant laws and regulations are complid with Returns of Labour (1) Hrequired by the Bnginsey, he Cantnctor must deliver to the Bogneer 2 detailed return showing. the numer of the various classes of labour fom time ta time employed by the Contactor on the Site (2) The return eequred in Clause 27:21) ast bein a form an rast Be submited in the intervals a8 she Engineer may prescribe (if the period for their submission is wot aieady prescibed in the Cane, 15 Phe Inttaton of Engineers, Page 27 of Malaysin