AL YARMOUK RESIDENTIAL COMPLEX Baghdad/IRAQ. INSPECTION, TESTING AND COMMISSIONING TOWER CRANE INSTALLATION FEBRUARY 2023 Doc. No.: BAC-31-MB-GN-AYR-CT-0073-00 Prepared by BAC Doc, No.: BAC-31-MB-GN-AYR-CT-0073-00 Page 1/5INSPECTION, TESTING AND COMMISSIONING TOWER CRANE INSTALLATION THIS AGREEMENT, made on the 27% of February 2023, between; AL BURJ AL ALE CONSTRUCTION COMPANY (hereinafter called ‘the First Party’) located in Baghdad / Iraq and QUALITY EXPERTS SERVICES (Hereinafter referred to as the ‘Second Party’, located in Baghdad / Iraq to carry out the Inspection, Testing and Commissioning of Tower Crane Installation of the Al Yarmouk Residential Complex’s Al Yarmouk site (Hereinafter referred to as the ‘Construction Site). WITNESSETH, that the First Party and the Second Party, for the consideration stated herein jointly referred the "Parties", mutually agree as follows and related Appendices. [ARTICLE 1, SCOPE OF THE AGREEMENT AND OBLIGATIONS: ‘The Scope of this Agreement is the involves: a) Third-party Pre-use inspection, testing and commissioning of the 4no Zoomlion Tower Crane installations and providing inspection reports and third-party certification. b) Periodic in-service inspection every six (6) months of the 4no Zoomlion Tower Crane and the 2no Potain Tower Cranes erected on-site. The inspection, testing and commissioning will be performed according to the universally accepted standard of “BS7121-2-5:2012 Standard; Inspection, maintenance and thorough examination ~Tower cranes”. The parameters of the respective Tower Cranes are included herein in (Appendix #2, and Appendix #3), as per the respective Tower Crane Manufacturers are seen and understood by the Second Party. ARTICLE 1.1. THE SECOND PARTY'S OBLIGATIONS: ‘The Second Party will provide, an inspection team on the site who will inspect, test and commission as well as provide third-party certification for the tower crane installations to ensure that the tower crane structures and operating system conform to the manufacturer's prescribed specifications and local safety regulatory standards. The Second Party will carry out all the periodic in-service inspections under his scope according to international standards, the manufacturer's technical specifications, enclosures of this contract and local safety regulatory standards. ARTICLE 1.2. FIRST PARTY'S OBLIGATIONS: ‘The First Party shalll be responsible for the mol test if required. ation of a mobile crane and deadweights for the load Doc, No.: BAC:31-MB-GN-AYR-CT-0073-00 Page 2/5‘The First Party shall provide forthe food and accommodation of the Second Party's inspection team (2 persons). The First Party shall provide two helpers (labour) to support the Second Party's Inspection team. ‘ARTICLE 2, AGREEMENT PRICE: a) In consideration of the third-party pre-use inspection, testing and commissioning service for the ‘4no Zoomlion tower cranes in accordance with the requirements of the Agreement, the First Party shall pay to the Second Party a fee of IQD 661,500 ($450) per day for one team of 2 Engineers/technician for a duration of 2 days (10 working hours/day); 'b)_In consideration of the periodic inspection service of the 6no tower cranes erected on site, the First Party shall pay to the second Party a fee of IQD 661,500 ($450) per day for one team of 2 Engineers/technician for a maximum duration of 2 days (10 working hours/day). ©). Allpersonne''s salaries, transportation and all kind of taxes and insurance are included in the price. ‘The Second Party will not demand a change in this fee by showing any excuse. ARTICLE 3, PAYMENT SCHEDULE: ‘The Second Party will prepare a payment certificate upon completion of the service and submission of the inspection report and Third-party certification. Payment terms: ‘© 100% of the total cost will be paid within 2 days after the submission of the inspection report and Third-party certification from the Second Party to the First Party. ‘© All Payments shall be made in Iraqi Dinar (100). ARTICLE 4. TIME FOR COMPLETION OF THE WORKS: ‘The inspection, testing and commissioning service shall be performed and completed within 2 working days. The Second Party shall be notified of the date and time of the inspection at least 2 days prior to ‘the inspection. ‘Thereafter, the Second Party will submit the inspection report not later than 2 days from the date of inspection. ARTICLE 5. GENERAL SAFETY TERMS: The Second Party shall provide the appropriate personal protective equipment for their personnel while on-site and shall abide by the site HSE regulations. The Second Party accept and signs the HSE Commitment of the First Party. ARTICLE 6. INDEMINIFICATION: The Second Party will defend, indemnify, and hold all kinds of harm for, from, and against all claims, actions, proceedings, damages, liabilities, injuries, losses, and expenses of every kind, whether known Doc. No.: BAC-31-MB-GN-AYR-CT-0073-00, Page 3/5or unknown, including, without limitation, legal fees, resulting from for rising out of, whether directly or Indirectly, the following: damage, injury, and/or death caused directly or indirectly by Second Party and Jor Second Party's shareholders, staff, employees, or representative. ARTICLE 7. ASSIGNMENT OR NOVATION ‘The Second Party shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Agreement without the written consent of the First Party. ARTICLE 8. ENCLOSURES TO THE AGREEMENT: The Contract and its enclosures are integral parts of this Agreement. In case of discrepancies between the Contract and this Agreement, the Terms and Conditions of this Agreement shall prevail between the Parties unless otherwise stated elsewhere. ‘Appendix #1 Subcontractor HSE Commitment ‘Appendix #2 Tower Crane Specifications - Potain ‘Appendix #3 Tower Crane Specifications - Zoomlion For and on behalf of: For and on behalf of: QUALITY EXPERTS SERVICES ‘ALBURI AL ALE CONSTRUCTION COMPANY Second Party First Party Representative of Firm Managing Director Guney Ikiz Doc. No.: BAC-31-MB-GN-AYR-CT-0073-00, Page 4/5‘Appendix #1 Subcontractor HSE Commitment Site safety requirements by the subcontractor to be granted approval to work on the site. All ‘Subcontractor workers must follow site safety instructions: 1. Wearing safety equipment safety helmet - safety shoes - safety vest with safety gloves the safety of workers is the responsibility of the Subcontractor. 2. The HSE officer of the company gives a brief of the nature of the work and the potential risks at the site by holding a lecture daily to explain the risks of the work and make sure that everyone attends with their signature. 3. The Subcontractor shall, on a daily basis, provide the Main Gate of the Project a list of names of workers who enter the ste (the names of workers their jobs today's date signed by the responsible Engineer). 4. Any transportation of equipment entering the site is the Subcontractor’s responsibility. 5. Maintain the cleanliness of the work site and carry out the cleaning on a daily basis before leaving the site and removing all drt. 6. Not smoking and allocating a designated area for smoking. The Subcontractor shall erect a barricaded area if requested, 8. The Subcontractor shall corporate with our safety officer(s), and shall implement all the instructions required of him. 9, Stay away from any dispute on the site and report immediately in such cases to the security of the site, 10, All Subcontractor vehicle drivers must follow the speed limit within the site, 10 km/h. 11. Inthe case of working at high, all requirements or equipment for work in high areas must be provided and approval granted before the start of work. 12. Provide all the information needed by the Subcontractor about his employee(s). 13. In case of maintenance to the Subcontractor equipment (the Subcontractor shall be allocated an area inside his work area) for repairing the machinery. 14, The Subcontractor is responsible for appointing a competent and certified HSE in charge at the construction site and he should be capable of identifying existing and predictable hazards in the surrounding or working conditions. 15. The Subcontractor should place all warning signs related to his activity for Al Yarmouk Residential Complex Project. 16. The Subcontractor shall provide proper PPE Equipment in situations where the atmosphere cannot ely ventilated for human health. 2802/2023 Signpture/Stamps Date Doc. No.: BACS1-MB-GN-AYR-CT-0073-00 Page 5/5