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中英對(duì)照-fidic設(shè)計(jì)-建造與交鑰匙工程合同條件(參考版)

2025-02-13 08:51本頁面
  

【正文】 s Representative。s Representative without the prior consent of the Employer39。s Representative is named in the Contract, the Contractor Representative shall, within 14 days of the Effective Date, submit to the Employer39。s Representative. (Irrespective of) Performance The Contractor shall obtain, at his cost, a Performance Security from a third Security party, in the amount and currencies specified in the Appendix to Tender, and Deliver it to the Employer by the date 28 days after the Effective Date. The Performance Security shall be provided by an entity approved by the Employer and shall be in the form annexed, or in another form approved by the Employer. The Performance Security shall be valid until the Contractor has executed and pleted the Works and remedied any defects. It shall be returned to the Contractor within 14 days of the issue of the Performance Certificate. Prior to making a claim under the Performance Security, the Employer shall, in every case, notify the Contractor stating the nature of the default for which the claim is to be made. Contractor39。s Requirements or such items of reference. After receipt of such notice, the Employer39。s Requirements (including design criteria and calculations, if any) and the items of reference mentioned in SubClause . The Contractor shall give notice to the Employer39。s Proposal and Schedules, or is implied by the Contract, or arises from any obligation of the Contractor, and all works not mentioned in the Contract but which may be inferred to be necessary for stability or pletion or the safe, reliable and efficient operation of the Works. FIDIC 1995 16 / 58 The Contractor shall design, execute and plete the Works, including providing Construction Documents, within the Time for Completion, and shall remedy any defects within the Contract Period. The Contractor shall provide all superintendence, labor, Plant, Materials, Contractor39。s Representative shall Agreement determines the matter fairly, reasonably and in accordance with the Contract. 4 The Contractor General The Works as pleted by the Contractor shall be wholly in accordance with Obligations the Contract and fit for the purposes for which they are intended, as defined in the Contract. The Works shall include any work which is necessary to satisfy the Employer39。s When the Employer39。s instructions given by the Employer39。s Representative, who shall confirm, reverse or vary such determination or instruction. Employer39。 (b) If the Contractor questions any determination or instruction of an assistant of the Employer39。s Representative. However: (a) any failure to disapprove any Plant, Materials, design or workmanship shall not prejudice the right of the Employer39。s duties to assistants, and may at any time revoke any such delegation. Any Authority to such delegation or revocation shall be in writing and shall not take effect until Delegate a copy has been delivered to the Employer and the Contractor. Any determination, instruction, inspection, examination, testing, consent, approval or similar act by any such assistant of the Employer39。s The Employer39。s Representative shall be a suitably qualified engineer or For Employer39。s Representative (including absence of disapproval) shall not relieve the Contractor from any responsibility, including responsibility for his errors, omissions, discrepancies, and nonpliance with SubClauses and . The Employer39。s Representative. Except as expressly stated in the Conditions of Contract, the Employer39。s Representative may exercise the authority Authority specified in or necessarily to be implied from the Contract. If the Employer39。s Contract. The Employer39。s The Employer39。s consent. 3 The Employer39。 prior notice to the Terminate Contractor, with a copy to the Employer39。s The Employer shall be entitled to terminate the Contract, at the Employer39。s assistance in applying for any necessary government consent to the export of Contractor39。s Documents issued by the Employer or the Employer’s Representative to the FIDIC 1995 13 / 58 Contractor shall (as between the parties) remain the property of the Employer. The Contractor may, at his cost, copy, use and municate any such documents for the purposes of the Contract. They shall not, without the Employer’s consent, be used, copied or municated to a third party by the Contractor, except as necessary for the purposes of the Contract. Confidential Details The Contractor shall not be required to disclose, to the Employer or the Employer’s Representative, the confidential details listed in the Appendix to Tender. Compliance with The Contractor shall, in all matters arising in the performance of the Statutes, Contract, ply with, give all notices under, and pay all fees required Regulations and Laws by, the provisions of any national or state statute, ordinance or other Law or any regulation of any legally constituted public authority Having jurisdiction over the Works. The Contractor shall obtain all permits, licences or approvals required for any part of the Works, in reasonable time taking account of the times for delivery of the Plant and Materials and for pletion of the Works. The Employer and the Contractor shall ply with the laws of each country where activities are performed. Joint and Several If the Contractor is a joint venture (or consortium) of two or more Liability persons, all such persons shall be jointly and severally liable to the Employer for the fulfilment of the terms of the Contract. Such persons shall designate one of them to act as leader with authority to bind the joint venture (or consortium) and each of its members. The position or the constitution of the joint venture (or consortium) shall not be
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