If the Engineer does not give permission within 28 days after being requested to do so, the Contractor may, by giving notice to the Engineer, treat the suspension as an omission under Clause 13 [ Variations and Adjustments ] of the affected part of the Works. If the suspension affects the whole of the Works, the Contractor may give notice of termination under Sub-Clause The Contractor shall make good any deterioration or defect in or loss of the Works or Plant or Materials, which has occurred during the suspension.
Unless otherwise agreed, Tests on Completion shall be carried out within 14 days after this date, on such day or days as the Engineer shall instruct. In considering the results of the Tests on Completion, the Engineer shall make allowances for the effect of any use of the Works by the Employer on the performance or other characteristics of the Works.
As soon as the Works, or a Section, have passed any Tests on Completion, the Contractor shall submit a certified report of the results of these Tests to the Engineer. If the Tests on Completion are being unduly delayed by the Contractor, the Engineer may by notice require the Contractor to carry out the Tests within 21 days after receiving the notice. The Contractor shall carry out the Tests on such day or days within that period as the Contractor may fix and of which he shall give notice to the Engineer.
The Tests on Completion shall then be deemed to have been carried out in the presence of the Contractor and the results of the Tests shall be accepted as accurate. In the event of sub-paragraph c , the Contractor shall proceed in accordance with all other obligations under the Contract, and the Contract Price shall be reduced by such amount as shall be appropriate to cover the reduced value to the Employer as a result of this failure.
Unless the relevant reduction for this failure is stated or its method of calculation is defined in the Contract, the Employer may require the reduction to be i agreed by both Parties in full satisfaction of this failure only and paid before this Taking-Over Certificate is issued, or ii determined and paid under Sub-Clause 2.
The Contractor shall then complete this work before issuing a further notice under this Sub-Clause. The Employer shall not use any part of the Works other than as a temporary measure which is either specified in the Contract or agreed by both Parties unless and until the Engineer has issued a Taking-Over Certificate for this part.
However, if the Employer does use any part of the Works before the Taking-Over Certificate is issued: a the part which is used shall be deemed to have been taken over as from the date on which it is used, b the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer, and c if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part.
After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion.
The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Defects Notification Period. If a Taking-Over Certificate has been issued for a part of the Works other than a Section , the delay damages thereafter for completion of the remainder of the Works shall be reduced.
Similarly, the delay damages for the remainder of the Section if any in which this part is included shall also be reduced. The Engineer shall proceed in accordance with Sub-Clause 3. The provisions of this paragraph shall only apply to the daily rate of delay damages under Sub-Clause 8.
The Engineer shall then issue a Taking-Over Certificate accordingly, and the Contractor shall carry out the Tests on Completion as soon as practicable, before the expiry date of the Defects Notification Period. If a defect appears or damage occurs, the Contractor shall be notified accordingly, by or on behalf of the Employer. If and to the extent that such work is attributable to any other cause, the Contractor shall be notified promptly by or on behalf of the Employer, and Sub-Clause However, a Defects Notification Period shall not be extended by more than two years.
The Contractor shall be given reasonable notice of this date. If the Contractor fails to remedy the defect or damage by this notified date and this remedial work was to be executed at the cost of the Contractor under Sub-Clause Without prejudice to any other rights, under the Contract or otherwise, the Employer shall then be entitled to recover all sums paid for the Works or for such part as the case may be , plus financing costs and the cost of dismantling the same, clearing the Site and returning Plant and Materials to the Contractor.
This consent may require the Contractor to increase the amount of the Performance Security by the full replacement cost of these items, or to provide other appropriate security. The requirement shall be made by notice within 28 days after the defect or damage is remedied. These tests shall be carried out in accordance with the terms applicable to the previous tests, except that they shall be carried out at the risk and cost of the Party liable, under Sub-Clause Unless the defect is to be remedied at the cost of the Contractor under Sub-Clause A copy of the Performance Certificate shall be issued to the Employer.
Only the Performance Certificate shall be deemed to constitute acceptance of the Works. For the purposes of determining the nature and extent of unperformed obligations, the Contract shall be deemed to remain in force.
If all these items have not been removed within 28 days after the Employer receives a copy of the Performance Certificate, the Employer may sell or otherwise dispose of any remaining items. The Employer shall be entitled to be paid the costs incurred in connection with, or attributable to, such sale or disposal and restoring the Site. Any balance of the moneys from the sale shall be paid to the Contractor. If the Contractor fails to attend or send a representative, the measurement made by or on behalf of the Engineer shall be accepted as accurate.
Except as otherwise stated in the Contract, wherever any Permanent Works are to be measured from records, these shall be prepared by the Engineer. The Contractor shall, as and when requested, attend to examine and agree the records with the Engineer, and shall sign the same when agreed. If the Contractor does not attend, the records shall be accepted as accurate.
After receiving this notice, the Engineer shall review the records and either confirm or vary them. If the Contractor does not so give notice to the Engineer within 14 days after being requested to examine the records, they shall be accepted as accurate.
For each item of work, the appropriate rate or price for the item shall be the rate or price specified for such item in the Contract or, if there is no such item, specified for similar work. Any item of work included in the Bill of Quantities for which no rate or price was specified shall be considered as included in other rates and prices in the Bill of Quantities and will not be paid for separately. If no rates or prices are relevant for the derivation of a new rate or price, it shall be derived from the reasonable Cost of executing the work, together with profit, taking account of any other relevant matters.
Until such time as an appropriate rate or price is agreed or determined, the Engineer shall determine a provisional rate or price for the purposes of Interim Payment Certificates. Upon receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3. The Contractor shall execute and be bound by each Variation, unless the Contractor promptly gives notice to the Engineer stating with supporting particulars that the Contractor cannot readily obtain the Goods required for the Variation.
Upon receiving this notice, the Engineer shall cancel, confirm or vary the instruction. The proposal shall be prepared at the cost of the Contractor and shall include the items listed in Sub-Clause If a proposal, which is approved by the Engineer, includes a change in the design of part of the Permanent Works, then unless otherwise agreed by both Parties: a the Contractor shall design this part, b sub-paragraphs a to d of Sub-Clause 4.
However, if amount i is less than amount ii , there shall not be a fee. Clause The Contractor shall not delay any work whilst awaiting a response. Each instruction to execute a Variation, with any requirements for the recording of Costs, shall be issued by the Engineer to the Contractor, who shall acknowledge receipt. Each Variation shall be evaluated in accordance with Clause 12 [ Measurement and Evaluation ], unless the Engineer instructs or approves otherwise in accordance with this Clause.
For this purpose, reference shall be made to the actual or expected currency proportions of the Cost of the varied work, and to the proportions of various currencies specified for payment of the Contract Price. The total sum paid to the Contractor shall include only such amounts, for the work, supplies or services to which the Provisional Sum relates, as the Engineer shall have instructed. For each Provisional Sum, the Engineer may instruct: a work to be executed including Plant, Materials or services to be supplied by the Contractor and valued under Sub-Clause If there is no such rate, the percentage rate stated in the Contract Data shall be applied.
The Contractor shall, when required by the Engineer, produce quotations, invoices, vouchers and accounts or receipts in substantiation. The work shall then be valued in accordance with the Daywork Schedule included in the Contract, and the following procedure shall apply. Before ordering Goods for the work, the Contractor shall submit quotations to the Engineer.
When applying for payment, the Contractor shall submit invoices, vouchers and accounts or receipts for any Goods. One copy of each statement will, if correct, or when agreed, be signed by the Engineer and returned to the Contractor. The Contractor shall then submit priced statements of these resources to the Engineer, prior to their inclusion in the next Statement under Sub-Clause Notwithstanding the foregoing, the Contractor shall not be entitled to such an extension of time if the same shall already have been taken into account in determining an extension and such Cost shall not be separately paid if the same shall already have been taken into account in the indexing of any inputs to the table of adjustment data in accordance with the provisions of Sub-Clause If there is no such table of adjustment data, this Sub-Clause shall not apply.
If this Sub-Clause applies, the amounts payable to the Contractor shall be adjusted for rises or falls in the cost of labour, Goods and other inputs to the Works, by the addition or deduction of the amounts determined by the formulae prescribed in this Sub-Clause. To the extent that full compensation for any rise or fall in Costs is not covered by the provisions of this or other Clauses, the Accepted Contract Amount shall be deemed to have included amounts to cover the contingency of other rises and falls in costs.
The adjustment to be applied to the amount otherwise payable to the Contractor, as valued in accordance with the appropriate Schedule and certified in Payment Certificates, shall be determined from formulae for each of the currencies in which the Contract Price is payable. No adjustment is to be applied to work valued on the basis of Cost or current prices. The cost indices or reference prices stated in the table of adjustment data shall be used.
If their source is in doubt, it shall be determined by the Engineer. For this purpose, reference shall be made to the values of the indices at stated dates for the purposes of clarification of the source; although these dates and thus these values may not correspond to the base cost indices. Until such time as each current cost index is available, the Engineer shall determine a provisional index for the issue of Interim Payment Certificates.
When a current cost index is available, the adjustment shall be recalculated accordingly. If the Contractor fails to complete the Works within the Time for Completion, adjustment of prices thereafter shall be made using either i each index or price applicable on the date 49 days prior to the expiry of the Time for Completion of the Works, or ii the current index or price: whichever is more favourable to the Employer.
The weightings coefficients for each of the factors of cost stated in the table s of adjustment data shall only be adjusted if they have been rendered unreasonable, unbalanced or inapplicable, as a result of Variations. The Engineer may take account of the breakdown when preparing Payment Certificates, but shall not be bound by it. The total advance payment, the number and timing of instalments if more than one , and the applicable currencies and proportions, shall be as stated in the Contract Data.
Unless and until the Employer receives this guarantee, or if the total advance payment is not stated in the Contract Data, this Sub-Clause shall not apply. This guarantee shall be issued by an entity and from within a country or other jurisdiction approved by the Employer, and shall be in the form annexed to the Particular Conditions or in another form approved by the Employer. The Contractor shall ensure that the guarantee is valid and enforceable until the advance payment has been repaid, but its amount may be progressively reduced by the amount repaid by the Contractor as indicated in the Payment Certificates.
If the terms of the guarantee specify its expiry date, and the advance payment has not been repaid by the date 28 days prior to the expiry date, the Contractor shall extend the validity of the guarantee until the advance payment has been repaid.
Unless stated otherwise in the Contract Data, the advance payment shall be repaid through percentage deductions from the interim payments determined by the Engineer in accordance with Sub-Clause If the advance payment has not been repaid prior to the issue of the Taking-Over Certificate for the Works or prior to termination under Clause 15 [Termination by Employer ], Clause 16 [ Suspension and Termination by Contractor ] or Clause 19 [ Force Majeure ] as the case may be , the whole of the balance then outstanding shall immediately become due and payable by the Contractor to the Employer.
The first estimate shall be submitted within 42 days after the Commencement Date. Revised estimates shall be submitted at quarterly intervals, until the Taking-Over Certificate has been issued for the Works. If the lists referred to in sub-paragraphs b i or c i below are not included in the Contract Data, this Sub-Clause shall not apply.
The currencies for this additional amount shall be the same as those in which payment will become due when the contract value is included under sub-paragraph a of Sub- Clause At that time, the Payment Certificate shall include the applicable reduction which shall be equivalent to, and in the same currencies and proportions as, this additional amount for the relevant Plant and Materials.
Thereafter, the Engineer shall, within 28 days after receiving a Statement and supporting documents, issue to the Employer an Interim Payment Certificate which shall state the amount which the Engineer fairly determines to be due, with supporting particulars. However, prior to issuing the Taking-Over Certificate for the Works, the Engineer shall not be bound to issue an Interim Payment Certificate in an amount which would after retention and other deductions be less than the minimum amount of Interim Payment Certificates if any stated in the Contract Data.
In this event, the Engineer shall give notice to the Contractor accordingly. The Engineer may in any Payment Certificate make any correction or modification that should properly be made to any previous Payment Certificate.
Payment of the amount due in each currency shall be made into the bank account, nominated by the Contractor, in the payment country for this currency specified in the Contract. This period shall be deemed to commence on the date for payment specified in Sub-Clause Unless otherwise stated in the Particular Conditions, these financing charges shall be calculated at the annual rate of three percentage points above the discount rate of the central bank in the country of the currency of payment, and shall be paid in such currency.
The Contractor shall be entitled to this payment without formal notice or certification, and without prejudice to any other right or remedy. If a Taking-Over Certificate is issued for a Section or part of the Works, a proportion of the Retention Money shall be certified and paid.
Promptly after the latest of the expiry dates of the Defects Notification Periods, the outstanding balance of the Retention Money shall be certified by the Engineer for payment to the Contractor. If a Taking-Over Certificate was issued for a Section, a proportion of the second half of the Retention Money shall be certified and paid promptly after the expiry date of the Defects Notification Period for the Section.
However, if any work remains to be executed under Clause 11 [ Defects Liability ], the Engineer shall be entitled to withhold certification of the estimated cost of this work until it has been executed. When calculating these proportions, no account shall be taken of any adjustments under Sub-Clause Unless otherwise stated in the Particular Conditions, when the Taking-Over Certificate has been issued for the Works and the first half of the Retention Money has been certified for payment by the Engineer, the Contractor shall be entitled to substitute a guarantee, in the form annexed to the Particular Conditions or in another form approved by the Employer and provided by an entity approved by the Employer, for the second half of the Retention Money.
The Contractor shall ensure that the guarantee is in the amounts and currencies of the second half of the Retention Money and is valid and enforceable until the Contractor has executed and completed the Works and remedied any defects, as specified for the Performance Security in Sub-Clause 4.
On receipt by the Employer of the required guarantee, the Engineer shall certify and the Employer shall pay the second half of the Retention Money. The release of the second half of the Retention Money against a guarantee shall then be in lieu of the release under the second paragraph of this Sub-Clause. The Employer shall return the guarantee to the Contractor within 21 days after receiving a copy of the Performance Certificate. If the Performance Security required under Sub-Clause 4.
If the amount guaranteed under the Performance Security when the Taking-Over Certificate is issued is less than half of the Retention Money, the Retention Money guarantee will only be required for the difference between half of the Retention Money and the amount guaranteed under the Performance Security.
Estimated amounts shall be shown separately in this Statement at completion. The Engineer shall then certify in accordance with Sub-Clause If the Engineer disagrees with or cannot verify any part of the draft final statement, the Contractor shall submit such further information as the Engineer may reasonably require and shall make such changes in the draft as may be agreed between them. The Contractor shall then prepare and submit to the Engineer the final statement as agreed.
However if, following discussions between the Engineer and the Contractor and any changes to the draft final statement which are agreed, it becomes evident that a dispute exists, the Engineer shall deliver to the Employer with a copy to the Contractor an Interim Payment Certificate for the agreed parts of the draft final statement. Thereafter, if the dispute is finally resolved under Sub-Clause This discharge may state that it becomes effective when the Contractor has received the Performance Security and the outstanding balance of this total, in which event the discharge shall be effective on such date.
If the Contractor fails to submit an application within a period of 28 days, the Engineer shall issue the Final Payment Certificate for such amount as he fairly determines to be due. If more than one currency is so named, payments shall be made as follows: a if the Accepted Contract Amount was expressed in Local Currency only: i the proportions or amounts of the Local and Foreign Currencies, and the fixed rates of exchange to be used for calculating the payments, shall be as stated in the Schedule of Payment Currencies, except as otherwise agreed by both Parties; ii payments and deductions under Sub-Clause However, in the case of sub-paragraph e or f , the Employer may by notice terminate the Contract immediately.
However, the Contractor shall use his best efforts to comply immediately with any reasonable instructions included in the notice i for the assignment of any subcontract, and ii for the protection of life or property or for the safety of the Works.
The Contractor shall promptly arrange their removal, at the risk and cost of the Contractor. However, if by this time the Contractor has failed to make a payment due to the Employer, these items may be sold by the Employer in order to recover this payment. Any balance of the proceeds shall then be paid to the Contractor. After recovering any such losses, damages and extra costs, the Employer shall pay any balance to the Contractor.
The Convenience termination shall take effect 28 days after the later of the dates on which the Contractor receives this notice or the Employer returns the Performance Security. The Employer shall not terminate the Contract under this Sub-Clause in order to execute the Works himself or to arrange for the Works to be executed by another contractor or to avoid a termination of the Contract by the Contractor under Clause After this termination, the Contractor shall proceed in accordance with Sub-Clause Notwithstanding the above, if the Bank has suspended disbursements under its loan, which finances in whole or in part the execution of the Works, and no alternative funds are available as provided for in Sub-Clause 2.
If the Contractor subsequently receives such Payment Certificate, evidence or payment as described in the relevant Sub-Clause and in the above notice before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. However, in the case of sub- paragraph f or g , the Contractor may by notice terminate the Contract immediately. If a Taking-Over Certificate is issued or is so deemed to be issued for any Section or part of the Works, responsibility for the care of the Section or part shall then pass to the Employer.
The Contractor shall be liable for any loss or damage caused by any actions performed by the Contractor after a Taking-Over Certificate has been issued. The Contractor shall also be liable for any loss or damage which occurs after a Taking- Over Certificate has been issued and which arose from a previous event for which the Contractor was liable.
In the case of sub-paragraphs f and g of Sub-Clause Whenever a Party does not give notice to the other Party of any claim within 28 days of receiving the claim, the first Party shall be deemed to have waived any right to indemnity under this Sub-Clause.
The Contractor shall indemnify and hold the Employer harmless against and from any other claim which arises out of or in relation to i the manufacture, use, sale or import of any Goods, or ii any design for which the Contractor is responsible. If a Party is entitled to be indemnified under this Sub-Clause, the indemnifying Party may at its cost conduct negotiations for the settlement of the claim, and any litigation or arbitration which may arise from it. The other Party shall, at the request and cost of the indemnifying Party, assist in contesting the claim.
This other Party and its Personnel shall not make any admission which might be prejudicial to the indemnifying Party, unless the indemnifying Party failed to take over the conduct of any negotiations, litigation or arbitration upon being requested to do so by such other Party.
The total liability of the Contractor to the Employer, under or in connection with the Contract other than under Sub-Clause 4. This Sub-Clause shall not limit liability in any case of fraud, deliberate default or reckless misconduct by the defaulting Party.
If any loss or damage happens to any of the above items while the Contractor is responsible for their care arising from any cause whatsoever other than those for which the Employer is liable, the Contractor shall, at his own cost, rectify the loss or damage to the satisfaction of the Engineer.
Wherever the Contractor is the insuring Party, each insurance shall be effected with insurers and in terms approved by the Employer.
These terms shall be consistent with any terms agreed by both Parties before the date of the Letter of Acceptance. This agreement of terms shall take precedence over the provisions of this Clause. Wherever the Employer is the insuring Party, each insurance shall be effected with insurers and in terms consistent with the details annexed to the Particular Conditions.
If a policy is required to indemnify joint insured, the cover shall apply separately to each insured as though a separate policy had been issued for each of the joint insured.
Each policy insuring against loss or damage shall provide for payments to be made in the currencies required to rectify the loss or damage. Payments received from insurers shall be used for the rectification of the loss or damage. The relevant insuring Party shall, within the respective periods stated in the Contract Data calculated from the Commencement Date , submit to the other Party: a evidence that the insurances described in this Clause have been effected, and b copies of the policies for the insurances described in Sub-Clause When each premium is paid, the insuring Party shall submit evidence of payment to the other Party.
Whenever evidence or policies are submitted, the insuring Party shall also give notice to the Engineer. Each Party shall comply with the conditions stipulated in each of the insurance policies. The insuring Party shall keep the insurers informed of any relevant changes to the execution of the Works and ensure that insurance is maintained in accordance with this Clause.
If an insurer makes or attempts to make any alteration, the Party first notified by the insurer shall promptly give notice to the other Party. If the insuring Party fails to effect and keep in force any of the insurances it is required to effect and maintain under the Contract, or fails to provide satisfactory evidence and copies of policies in accordance with this Sub-Clause, the other Party may at its option and without prejudice to any other right or remedy effect insurance for the relevant coverage and pay the premiums due.
The insuring Party shall pay the amount of these premiums to the other Party, and the Contract Price shall be adjusted accordingly. Nothing in this Clause limits the obligations, liabilities or responsibilities of the Contractor or the Employer, under the other terms of the Contract or otherwise.
However, if the insuring Party fails to effect and keep in force an insurance which is available and which it is required to effect and maintain under the Contract, and the other Party neither approves the omission nor effects insurance for the coverage relevant to this default, any moneys which should have been recoverable under this insurance shall be paid by the insuring Party.
Payments by one Party to the other Party shall be subject to Sub-Clause 2. The Contractor shall be entitled to place all insurance relating to the Contract including, but not limited to the insurance referred to Clause 18 with insurers from any eligible source country. This insurance shall be effective from the date by which the evidence is to be submitted under sub-paragraph a of Sub-Clause The insuring Party shall maintain this insurance to provide cover until the date of issue of the Performance Certificate, for loss or damage for which the Contractor is liable arising from a cause occurring prior to the issue of the Taking-Over Certificate, and for loss or damage caused by the Contractor in the course of any other operations including those under Clause 11 [ Defects Liability ].
Unless otherwise stated in the Particular Conditions, insurances under this Sub-Clause: a shall be effected and maintained by the Contractor as insuring Party, b shall be in the joint names of the Parties, who shall be jointly entitled to receive payments from the insurers, payments being held or allocated between the Parties for the sole purpose of rectifying the loss or damage, c shall cover all loss and damage from any cause not listed in Sub-Clause If, more than one year after the Base Date, the cover described in sub-paragraph d above ceases to be available at commercially reasonable terms, the Contractor shall as insuring Party give notice to the Employer, with supporting particulars.
The Employer shall then i be entitled subject to Sub-Clause 2. This insurance shall be for a limit per occurrence of not less than the amount stated in the Contract Data, with no limit on the number of occurrences. The insurance shall be maintained in full force and effect during the whole time that these personnel are assisting in the execution of the Works. The notice shall be given within 14 days after the Party became aware, or should have become aware, of the relevant event or circumstance constituting Force Majeure.
The Party shall, having given notice, be excused performance of its obligations for so long as such Force Majeure prevents it from performing them. Notwithstanding any other provision of this Clause, Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the Contract.
A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure. In this event, the termination shall take effect 7 days after the notice is given, and the Contractor shall proceed in accordance with Sub-Clause The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub-Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all as relevant to such event or circumstance.
The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Engineer. The Contractor shall permit the Engineer to inspect all these records, and shall if instructed submit copies to the Engineer. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within such time.
Each Payment Certificate shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract.
Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate.
The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the number is not so stated and the Parties do not agree otherwise, the DB shall comprise three persons, one of whom shall serve as chairman.
If the Parties have not jointly appointed the DB 21 days before the date stated in the Contract Data and the DB is to comprise three persons, each Party shall nominate one member for the approval of the other Party.
The first two members shall recommend and the Parties shall agree upon the third member, who shall act as chairman. The agreement between the Parties and either the sole member or each of the three members shall incorporate by reference the General Conditions of Dispute Board Agreement contained in the Appendix to these General Conditions, with such amendments as are agreed between them. The terms of the remuneration of either the sole member or each of the three members, including the remuneration of any expert whom the DB consults, shall be mutually agreed upon by the Parties when agreeing the terms of appointment of the member or such expert as the case may be.
Each Party shall be responsible for paying one-half of this remuneration. The appointment of any member may be terminated by mutual agreement of both Parties, but not by the Employer or the Contractor acting alone.
Unless otherwise agreed by both Parties, the appointment of the DB including each member shall expire when the discharge referred to in Sub-Clause This appointment shall be final and conclusive. Each Party shall be responsible for paying one-half of the remuneration of the appointing entity or official. Such reference shall state that it is given under this Sub-Clause.
For a DB of three persons, the DB shall be deemed to have received such reference on the date when it is received by the chairman of the DB. Both Parties shall promptly make available to the DB all such additional information, further access to the Site, and appropriate facilities, as the DB may require for the purposes of making a decision on such dispute. The DB shall be deemed to be not acting as arbitrator s. Within 84 days after receiving such reference, or within such other period as may be proposed by the DB and approved by both Parties, the DB shall give its decision, which shall be reasoned and shall state that it is given under this Sub-Clause.
The decision shall be binding on both Parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below.
Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shall continue to proceed with the Works in accordance with the Contract. If the DB fails to give its decision within the period of 84 days or as otherwise approved after receiving such reference, then either Party may, within 28 days after this period has expired, give notice to the other Party of its dissatisfaction and intention to commence arbitration.
In either event, this notice of dissatisfaction shall state that it is given under this Sub- Clause, and shall set out the matter in dispute and the reason s for dissatisfaction.
Except as stated in Sub-Clause However, unless both Parties agree otherwise, arbitration may be commenced on or after the fifty-sixth day after the day on which a notice of dissatisfaction and intention to commence arbitration was given, even if no attempt at amicable settlement has been made. Unless otherwise agreed by both Parties: a arbitration proceedings shall be conducted as stated in the Particular Conditions, b if no arbitration proceedings are so stated, the dispute shall be finally settled by institutional arbitration under the Rules of Arbitration of the International Chamber of Commerce, c the dispute shall be settled by three arbitrators, and d the arbitration shall be conducted in the language for communications defined in Sub-Clause 1.
The arbitrators shall have full power to open up, review and revise any certificate, determination, instruction, opinion or valuation of the Engineer, and any decision of the DB, relevant to the dispute.
Nothing shall disqualify the Engineer from being called as a witness and giving evidence before the arbitrators on any matter whatsoever relevant to the dispute. Neither Party shall be limited in the proceedings before the arbitrators to the evidence or arguments previously put before the DB to obtain its decision, or to the reasons for dissatisfaction given in its notice of dissatisfaction.
Any decision of the DB shall be admissible in evidence in the arbitration. Arbitration may be commenced prior to or after completion of the Works. The obligations of the Parties, the Engineer and the DB shall not be altered by reason of any arbitration being conducted during the progress of the Works.
Sub- Clause In the Dispute Board Agreement, words and expressions which are not otherwise defined shall have the meanings assigned to them in the Contract.
This employment of the Member is a personal appointment. No account shall be taken of any other payments due or paid to the Member. The retainer fee shall be paid with effect from the last day of the calendar month in which the Dispute Board Agreement becomes effective; until the last day of the calendar month in which the Taking-Over Certificate is issued for the whole of the Works.
With effect from the first day of the calendar month following the month in which the Taking-Over Certificate is issued for the whole of the Works, the retainer fee shall be reduced by one third.
This reduced fee shall be paid until the first day of the calendar month in which the Member resigns or the Dispute Board Agreement is otherwise terminated. The retainer and daily fees shall be as specified in the Dispute Board Agreement. If the parties fail to agree on the retainer fee or the daily fee, the appointing entity or official named in the Contract Data shall determine the amount of the fees to be used. The Member shall submit invoices for payment of the monthly retainer and air fares quarterly in advance.
Invoices for other expenses and for daily fees shall be submitted following the conclusion of a site visit or hearing.
All invoices shall be accompanied by a brief description of activities performed during the relevant period and shall be addressed to the Contractor. The Employer shall then pay the Contractor in accordance with the Contract. In addition to all other rights arising from this default, the Employer shall be entitled to reimbursement of all sums paid in excess of one-half of these payments, plus all costs of recovering these sums and financing charges calculated at the rate specified in Sub-Clause If the Member fails to comply with the Dispute Board Agreement, the Employer and the Contractor may, without prejudice to their other rights, terminate it by notice to the Member.
The notice shall take effect when received by the Member. If the Employer or the Contractor fails to comply with the Dispute Board Agreement, the Member may, without prejudice to his other rights, terminate it by notice to the Employer and the Contractor. The notice shall take effect when received by them both. Any such notice, resignation and termination shall be final and binding on the Employer, the Contractor and the Member. However, a notice by the Employer or the Contractor, but not by both, shall be of no effect.
If the Member fails to comply with any of his obligations under Clause 4 e - k above, he shall not be entitled to any fees or expenses hereunder from the date and to the extent of the non-compliance and shall, without prejudice to their other rights, reimburse each of the Employer and the Contractor for any fees and expenses already received by the Member, for proceedings or decisions if any of the DB which are rendered void or ineffective by the said failure to comply.
If no other arbitration institute is agreed, the arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with these Rules of Arbitration.
Unless otherwise agreed by the Employer, the Contractor and the DB, the period between consecutive visits shall not be less than 70 days, except as required to convene a hearing as described below. The purpose of site visits is to enable the DB to become and remain acquainted with the progress of the Works and of any actual or potential problems or claims, and, as far as reasonable, to endeavour to prevent potential problems or claims from becoming disputes.
The Employer shall ensure the provision of appropriate conference facilities and secretarial and copying services. At the conclusion of each site visit and before leaving the site, the DB shall prepare a report on its activities during the visit and shall send copies to the Employer and the Contractor. All communications between the DB and the Employer or the Contractor shall be copied to the other Party.
If the DB comprises three persons, the Employer and the Contractor shall send copies of these requested documents and these communications to each of these persons. Thereafter, the DB shall make and give its decision in accordance with Sub-Clause Delegation by the Engineer 3. Liability 1. Security, Performance 4. Time for Completion. Governing Law. Ruling language. You looked at my reviews. Their is a reason why they are short and 5 starred. As for the soft porn reviews,, Russ Myers could very well be forbidden on public websites due the soft pornography.
People want his pieces to not be pulled off free public media. To the people that employ me, their motto is the less praise the better and that is the sole reason why my reviews are so short.
Honestly, I must admit my reviews on boosting a collections for high traffic flow and longevity of their channels are well worthy of praise. I do the same job for other social media.
Their are some neat bonuses to the reviewers that take on promoting channels as I do. The benefits are sweet. I do it for the benefits that I receive giving quick one sentence 5 star reviews to websites I promote. Look around and you will find it is a rare find, especially having the vast data such as this collector. Most people are unaware this book exists. Carl Jung turned to the occult much stronger when he was close to his deathbed.
A lot of people would not comprehend his occult writings pieces that were delicately pieced together to compose a one of a kind novel such as the Red Book. This novel is unlike any of his well known philosophy novels. Interesting story regarding the findings of his writings and the devoted family putting his random almost paranoid occult scrawlings and pictures to compose a novel such as The Red Book. Thank you for pointing out my all caps. I only did this because I was tired from doing my prior 5 star reviews.
There is no excuse for this rude writing style. Caps are insult due to their shouting nature. Reviewer: 0ct0pus - favorite favorite favorite favorite favorite - July 15, Subject: Patience Such a sublime work. Anyone so hasty as to not scroll through the plates to discover that the English translations follow, are perhaps not suited to any form of esoteric material or maybe don't understand exactly what this work is, with regards to Jung's life.
I am only reviewing to hopefully help anyone in a rush that may see the incorrect reviews regarding the translation.
The whole book is there. No judgement whatsoever, I just think it is apparent that you lack any emotional or intellectual content required. You really shouldn't take it upon yourself to "review" any material you can't even be bothered to attempt a read.
There are many illustrations and embellishments that inflate the page count. In case you need it further broken down, pages of text AND illustrations won't translate to pages of text.
Unless you are reading the German, the first portion is primarily an art piece for you to analyze along with the rest. English Translations begin on pg , if another language so offends thine eye.
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