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DESIGN

- General Design Obligations


The Employer is responsible for ensuring the correctness of immutable portions, definitions of intended purposes, testing and performance
criteria, and information that cannot be verified by the Contractor, except as stated in the Contract.

- Contractor’s Documents
The Contractor's Documents must be reviewed before the execution of any part of the Works, and if modifications are made, the Contractor
must inform the Employer and submit revised documents in accordance with the review procedure, unless otherwise agreed upon.

- Contractor’s Undertaking
The Contractor undertakes that the design, the Contractor’s Documents, the execution and the completed Works will be in accordance with:

(a) the Laws in the Country, and

(b) the documents forming the Contract, as altered or modified by Variations

- Technical Standards and Regulations


The Contractor must inform the Employer of new or changed standards in the Country after the Base Date, and if compliance is required, initiate
a Variation in accordance with Clause 13.

- Training
The Contractor shall carry out the training of Employer’s Personnel in the operation and maintenance of the Works to the extent specified in the
Employer’s Requirements. If the Contract specifies training which is to be carried out before taking-over, the Works shall not be considered to be
completed for the purposes of taking-over under Sub-Clause 10.1 [Taking Over of the Works and Sections] until this training has been

- As-Built Documents
The contractor must provide a detailed "as-built" record of the work, including locations, sizes, and specifics, to the Employer before tests begin.
They must also provide as-built drawings for approval before issuing a Taking-Over Certificate, ensuring completion for taking-over purposes.

- Operation and Maintenance Manuals


The Contractor must provide detailed operation and maintenance manuals to the Employer before starting tests on completion, and the Works
will not be considered completed until final manuals are received, as per the Employer's requirements.

- Design Error
If errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the Contractor’s Documents, they and the Works
shall be corrected at the Contractor’s cost, notwithstanding any consent or approval, under this Clause.
PLANT, MATERIALS AND WORKMANSHIP
- Manner of Execution
The contractor is responsible for manufacturing Plant, Materials, and other Works in accordance with the Contract, good practice, and proper
facilities, unless otherwise specified.

- Samples
The Contractor shall submit samples to the Employer, for review in accordance with the procedures for Contractor’s Documents described in
Sub-Clause 5.2 [Contractor’s Documents], as specified in the Contract and at the Contractor’s cost. Each sample shall be labelled as to origin and
intended use in the Works.

- Inspection
The Employer's personnel must have full access to the Site and natural materials, and have the right to examine, inspect, measure, and test
materials and workmanship during production, manufacture, and construction. The Contractor must provide opportunities for their duties,
inform the Employer when work is ready, and rectify work at the Contractor's expense.

- Testing
The Contractor is responsible for providing necessary tools, support, paperwork, electricity, fuel, consumables, instruments, labor, supplies, and
personnel for tests. If modifications reveal non-compliance, the Contractor must pay. The Employer can direct extra testing or changes, and the
Contractor must provide certified test reports, which must be endorsed or issued a certificate.

- Rejection
The Employer can reject defective Plant, Materials, design, or workmanship by providing written notice and explanation. The Contractor must
check if the item conforms to the Contract and fix the issue. If a retest is required, the Contractor must reimburse the Employer for additional
expenses.

- Remedial Work
The Employer can instruct the Contractor to remove, replace, or execute work that is not in accordance with the Contract, re-execute work, or
perform urgent work for safety reasons.

- Ownership of Plant and Materials


The Employer acquires the property of Plant and Materials when delivered to the Site or when the Contractor is entitled to payment under Sub-
Clause 8.10, as per the country's laws.

- Royalties
The Contractor must pay royalties, rents, and other payments for natural materials and disposal of surplus material from demolitions,
excavations, and other sources, unless specified in the Contract.

EMPLOYER’s TAKING OVER


- Taking Over of the Works and Sections
The Contractor can apply for a Taking-Over Certificate 14 days before the completion of the Works or Sections, and the Employer must issue it
within 28 days. If the Contractor rejects the application, they must complete the work before issuing a further notice. If the Employer fails to
issue the Certificate or rejects the application, the Certificate is considered issued.

- Taking Over of Parts of the Works


Parts of the Works (other than Sections) shall not be taken over or used by the Employer, except as may be stated in the Contract or as may be
agreed by both Parties.

- Interference with Tests on Completion


If a Contractor is prevented from conducting Tests on Completion for over 14 days due to an employer-related cause, they must complete the
tests as soon as possible. If delays occur, the Contractor can request an extension of time and payment of the cost plus reasonable profit, which
will be added to the contract price.

CONTRACT PRICE AND PAYMENT


- The Contract Price
Unless otherwise stated in the Particular Conditions:

(a) payment for the Works shall be made on the basis of the lump sum Contract Price, subject to adjustments in accordance with the Contract;
and

(b) the Contractor shall pay all taxes, duties and fees required to be paid by him under the Contract, and the Contract Price shall not be adjusted
for any of these costs, except as stated in Sub-Clause 13.7

- Advance Payment
The Employer must pay an advance payment for mobilization and design when the Contractor submits a guarantee in accordance with the
Particular Conditions. The first instalment is due after receiving a Statement, Performance Security, and guarantee in amounts and currencies
equal to the advance payment. The Schedule of Payments in a contract specifies estimated contract values, subject to actual progress.

- Plant and Materials intended for the Works


The Contractor is entitled to interim payment for Plant and Materials not yet on the Site if they are in the country, marked as Employer's
property, or have provided insurance and a bank guarantee to the Employer, valid until the Plant and Materials are properly stored on site and
protected against loss, damage, or deterioration.

- Interim Payments
The Employer must approve the Performance Security before payment, and within 28 days, notify the Contractor of any disagreements.
Payments are not withheld, except for rectification or replacement costs if the Contractor is not in accordance with the Contract, or if the
Contractor fails to perform work or obligations in accordance with the Contract.

- Delayed Payment
If the Contractor fails to pay in accordance with Sub-Clause 14.7, they will be entitled to monthly compounded financing charges, calculated at
an annual rate three percentage points above the central bank's discount rate, without formal notice and without prejudice to other rights.

- Payment of Retention Money


The contractor receives the first half of the Retention Money after the Works passes all tests, including Tests after Completion. If a Section is
issued a Taking-Over Certificate, the relevant percentage is paid when the Section passes all tests. The outstanding balance is paid after the
Defects Notification Period expires. If work is left to be executed under Clause 11 or Clause 12, the Employer can withhold the estimated cost
until it is executed.

- Statement at Completion
The contractor must submit a Statement at completion within 84 days of receiving the Taking-Over Certificate for the Works, including the value
of all work, any additional sums, and an estimate of future amounts due. The Employer must then notify the contractor and make payment in
accordance with Sub-Clause 14.7.

- Application for Final Payment


Within 56 days after receiving the Performance Certificate, the Contractor shall submit, to the Employer, six copies of a draft final statement
with supporting documents showing in detail in a form approved by the Employer:

(a) the value of all work done in accordance with the Contract, and

(b) any further sums which the Contractor considers to be due to him under the Contract or otherwise.

- Discharge
When submitting the Final Statement, the Contractor shall submit a written discharge which confirms that the total of the Final Statement
represents full and final settlement of all moneys due to the Contractor under or in connection with the Contract. This discharge may state that
it becomes effective when the Contractor has received the Performance Security and the out-standing balance of this total, in which event the
discharge shall be effective on such date

- Final Payment
In accordance with sub-paragraph (c) of Sub-Clause 14.7 [Timing of Payments], theEmployer shall pay to the Contractor the amount which is
finally due, less all amounts previously paid by the Employer

- Cessation of Employer’sLiability
The Employer shall not be liable to the Contractor for any matter or thing under or in connection with the Contract or execution of the Works,
except to the extent that the Contractor shall have included an amount expressly for it:

(a) in the Final Statement and also

(b) (except for matters or things arising after the issue of the Taking-Over Certificate for the Works) in the Statement at completion described in
Sub-Clause 14.10 [Statement at Completion].

- Currencies of Payment
The contract stipulates that payments must be made in local and foreign currencies, with fixed exchange rates specified in the contract
agreement. All payments and deductions must be made in the appropriate amounts and currencies. Reimbursement of damages is also
required. Additional payments must be made in the Employer's used money or as determined by both parties. If the Contractor owes the
Employer more than the required amount, the Employer may recoup the remaining amount in that currency.

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