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CONTRACTORS GENERAL OBLIGATIONS

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17. (1)    Giving notices and payment of fees
      (2)    Employers responsibility for approval
      (3)    Contractors responsibility for consents
      (4)    Contractor to be compensated

18          Fossils, etc

19 (1)    Patent and protected rights
     (2)    Payment for rights

20 (1)    Pollution prevention and interference with access
     (2)    Excessive traffic
     (3)    Indemnity by Contractor

21 (1)    Opportunities afforded to other persons
     (2)    Additional payment for providing facilities

22 (1)    Clearance of Site on completion
     (2)   
Possible action by Employer

                                                                       

 

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17.(1) Giving of notices and payment of fees

The Contractor 

(a) shall in the execution of the Works conform with the provisions of, and give all notices and
    pay all fees, taxes, levies and other charges required to be given or paid in terms of

(i) any Act of Parliament, Ordinance, Regulation or By-law of any local or other statutory
     authority, and

(ii) conditions imposed by any other body or person specified in the Tender Documents;

(b) hereby indemnifies the Employer against any liability for any breach of the provisions of
     paragraph (a).

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  (2) Employers responsibility for approval

    The Employer shall be responsible for obtaining any planning approval required in respect of the Permanent
    Works and in respect of Temporary Works which are specified or designed by the Engineer.

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  (3) Contractors responsibility for consents

    The Contractor shall be responsible for obtaining all requisite consents, permissions and permits for the
    execution of the Works arising from the provisions referred to in Sub-Clause(1)(a) and arising from the
    approvals referred to in Sub-Clause (2).

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  (4) Contractor to be compensated

   The Employer shall refund to the Contractor all such sums as the Engineer shall certify to have been
   properly payable and paid by the Contractor in compliance with the aforegoing provisions of this Clause,
   unless the necessity for such payment was specified in the Tender Documents or such sums are payable
   by the Contractor in the ordinary course of his business.

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18. Fossils, etc.

   All fossils, coins, articles of value or antiquity and structures and other remains or things of geological
   or archaeological interest discovered on the Site shall, as between the Employer and the Contractor,
   be deemed to be the absolute property of the Employer.

   The Contractor shall take reasonable precautions to prevent any person from removing or damaging any
   such article or thing and shall, immediately upon discovery thereof and before removal, inform the Engineer
   of such discovery and carry out the Engineers instructions for dealing therewith.

   If, by reason of such instructions, the Contractor suffers any delay or incurs extra Cost he shall be entitled
   to make a claim in accordance with Clause 51.

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19. (1) Patent and protected rights

   Save in respect of the Employers or the Engineers design of the Works or method of construction and
   proprietary brand materials specified by the Employer or the Engineer, the Contractor hereby indemnifies
   the Employer against any liability arising from infringement of any patent rights, design, trade-mark or name
   or other protected right in respect of any design work, Constructional Plant, machine, work,
   method of construction or material used for or in connection with the Works.

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  (2) Payments for rights

   Except where otherwise specified in the Contract, the Contractor shall pay all amounts due in respect
   of the rights referred to in Sub-Clause (1).

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20.(1) Pollution prevention and interference with access

   All operations necessary for the execution of the Works shall, as far as compliance with the requirements
   of the Contract permits, be carried on so as not to cause unnecessary noise or pollution, or to
   interfere unnecessarily or improperly with public services, or the access to, use and occupation of public
   or private roads and footpaths or properties, whether in the possession of the Employer or of any other person.

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  (2) Excessive traffic

   The Contractor shall use every reasonable means to prevent any of the roads or bridges communicating with or
   in the vicinity of the Site from being subjected to damage by excessive loads or disruption due to excessive
   traffic occasioned by the Contractors or his subcontractors transport arrangements.

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  (3) Indemnity by Contractor

   The Contractor hereby indemnifies the Employer against any liability arising out of the Contractors
   non-comp1iance with his obligations in terms of Sub-Clauses (1) and (2).

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21.(1) Opportunities afforded to other persons

   The Contractor shall, in accordance with the Contract or the requirements of the Engineer, afford on the Site
   all reasonable opportunities for carrying out their work to

(a) the Employer,

(b) any other contractors employed and other persons authorised by the Employer, and

(c) any local or other statutory authorities,

   who may be engaged in the execution on the Site of any work not included in the Contract,
   provided that adequate notice of the necessity therefore is given to the Contractor.

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  (2) Additional payment for providing facilities

   If, pursuant to Sub-C1ause (1), the Contractor on the written instruction of the Engineer

(a) makes available to the Employer or to any such contractor or to any such authority any roads
   or ways for the maintenance of which the Contractor is responsible, or

(b) provides any other facility or service of whatsoever nature to any of the said persons or authorities,

   the Contractor shall, unless otherwise provided in the Contract, be paid the additional Cost thereof.

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22.(1) Clearance of Site on completion

   As part of the completion of the Works or any portion thereof, the Contractor shall clear away and
   remove from the Site all Constructional Plant, surplus materials, rubbish and Temporary Works of every kind
   and leave the whole of the Site and Permanent Works clean and tidy

(a) in respect of all work and activity of the Contractor, and

(b) in respect of all work and activity carried out by other contractors or persons specified in
     instructions given by the Engineer, in which case the Contractor shall be paid any related
     additional Cost.

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  (2) Possible action by Employer

   If the Contractor does not, within a reasonable time, comply with the requirements of Sub-Clause (1)(a),
   the Employer may have the Site cleared and recover the cost thereof from the Contractor.

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