FIDIC设计采购施工(EPC)合同条件(银皮书英文版)(6)

They shall not, without the Employer’s consent, be copied, used or communicated to a third party by the Contractor, except as necessary for the purposes of the Contract.

1.12 Confidential Details

The Contractor shall not be required to disclose, to the Employer, any information which the Contractor described in the Tender as being confidential. The Contractor shall disclose any other information which the Employer may reasonably require in order to verify the Contractor’s compliance with the Contract.

1.13 Compliance with Laws

The Contractor shall, in performing the Contract, comply with applicable Laws. Unless otherwise stated in the Particular Conditions:

(a) the Employer shall have obtained (or shall obtain) the planning,

zoning or similar permission for the Permanent Works, and

any other permissions described in the Employer’s

Requirements as having been (or being) obtained by the

Employer; and the Employer shall indemnify and hold the

Contractor harmless against and from the consequences of

any failure to do so; and

(b) the Contractor shall give all notices, pay all taxes, duties and

fees, and obtain all permits, licences and approvals, as

required by the Laws in relation to the design, execution and

completion of the Works and remedying of any defects; and

the Contractor shall indemnify and hold the Employer

harmless against and from the consequences of any failure to

do so.

1.14 Joint and Several Liability

If the Contractor constitutes (under applicable Laws) a joint venture, consortium or other unincorporated grouping of two or more persons: (a)

(b) these persons shall be deemed to be jointly and severally liable to the Employer for the performance of the Contract; these persons shall notify the Employer of their leader who

shall have authority to bind the Contractor and each of these

persons; and

the Contractor shall not alter it’s composition or legal status

without the prior consent of the Employer. (c)

2 The Employer

2.1 Right of Access to the Site

The Employer shall give the Contractor right of access to, and possession of, all parts of the Site within the time (or times) stated in the Particular Conditions. The right and possession may not be exclusive to the Contractor. If, under the Contract, the Employer is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer shall do so in the time and manner stated in the Employer’s Requirements. However, the Employer may withhold any such right or possession until the Performance Security has been received.

If no such time is stated in the Particular Conditions, the Employer shall give the Contractor right of access to, and possession of, the Site with effect from the Commencement Date.

If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any such right or possession within such time, the Contractor shall give notice to the Employer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:

(a) an extension of time for any such delay, if completion is or will

be delayed, under Sub-Clause 8.4 [Extension of Time for

Completion], and

payment of any such Cost plus reasonable profit, which shall

be added to the Contract Price. (b)

After receiving this notice, the Employer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters.

However, if and to the extent that the Employer’s failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor’s Documents, the Contractor shall not be entitled to such extension of time, Cost or profit.

2.2 Permits, Licences or Approves

The Employer shall (where he is in a position to do so) provide reasonable assistance to the Contractor at the request of the

Contractor:

(a) by obtaining copies of the Laws of the Country which are

relevant to the Contract but are not readily available, and

for the Contractor’s applications for any permits, licences or

approvals required by the Laws of the Country:

(i) which the Contractor is required to obtain under

Sub-Clause 1.13 [Compliance with Laws],

for the delivery of Goods, including clearance through

customs, and

for the export of Contractor’s Equipment when it is

removed from the Site. (b) (ii) (iii)

2.3 Employer’s personnel

The Employer shall be responsible for ensuring that the Employer’s Personnel and the Employer’s other contractors on the Site:

(a) co-operate with the Contractor’s efforts under Sub-Clause 4.6

[Co-operation],and

take actions similar to those which the Contractor is required to

take under sub-paragraphs (a), (b) and (c) of Sub-Clause 4.8

[Safety Procedures] and under Sub-Clause 4.18 [protection of

the Environment]. (b)

2.4 Employer’s Financial Arrangements

The Employer shall submit, within 28 days after receiving any request from the Contractor, reasonable evidence that financial arrangements have been made and are being maintained which will enable the Employer to pay the Contract Price (as estimated at that time) in accordance with Clause 14 [Contract Price and Payment]. If the Employer intends to make any material change to his financial arrangements, the Employer shall give notice to the Contractor with detailed particulars.

2.5 Employer’s Claims

If the Employer considers himself to be entitled to any payment under any Clause of these Conditions or otherwise in connection with the Contract, and/or to any extension of the Defects Notification Period, he

shall give notice and particulars to the Contractor. Howev …… 此处隐藏：5669字，全部文档内容请下载后查看。喜欢就下载吧 ……