REFERRED TO IN CLAUSE 6.5(A);
(C)
AND CONFIRMS THAT PRIOR TO ENTERING INTO THIS AGREEMENT, IT
CARRIED OUT ALL INVESTIGATIONS AND EXAMINATIONS NECESSARY TO ASCERTAIN THE RISKS
ASSOCIATED WITH THE PROJECT;
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(D)
AND CONFIRMS THAT IT DID NOT RELY UPON ANY REPRESENTATION,
INFORMATION OR DATA MADE AVAILABLE, OR PROVIDED TO IT, BY THE PRINCIPAL, THE
GOVERNMENT, THE GOVERNMENTAL AGENCIES, THE ACCESS PROVIDERS, THE BUS OPERATORS
OR ANY STAKEHOLDER IN ENTERING INTO THIS AGREEMENT; AND
(E)
AND WARRANTS THAT IT DOES NOT RELY ON ANY REPRESENTATION OR
WARRANTY MADE BY OR ON BEHALF OF THE PRINCIPAL, THE ACCESS PROVIDERS OR THE BUS
OPERATORS WHICH IS NOT SET OUT IN THIS AGREEMENT.
6.6
PRICING WARRANTY
The Contractor warrants, for the benefit of the Principal, that as at the date
of this agreement the pricing under this agreement, including the pricing of
components of the Solution, is the same or lower than pricing offered by the
Contractor for similar products or services anywhere in the world when
determined on a like for like basis and taking into account the supply of the
Solution and the Services in Australia.
7.
PROJECT MANAGEMENT
7.1
PROJECT CONTROL GROUP
(A)
THE PRINCIPAL AND THE CONTRACTOR WILL, WITHIN 1 BUSINESS DAY
OF THE COMMENCEMENT DATE, ESTABLISH A PROJECT CONTROL GROUP CONSISTING OF:
(I)
THE PROJECT DIRECTOR AND THE PRINCIPAL'S REPRESENTATIVE;
(II)
2 PERSONS FROM EACH PARTY HOLDING SENIOR POSITIONS; AND
(III)
SUCH OTHER MEMBERS AS THE PARTIES MAY FROM TIME TO TIME
AGREE.
The persons referred to in clause 7.1(a)(ii) may appoint delegates to attend
Project Control Group meetings in their absence and to otherwise discharge their
responsibilities in relation to the Project Control Group.
(B)
THE OBJECTIVES OF THE PROJECT CONTROL GROUP WILL BE TO
MONITOR AND REVIEW THE PROGRESS OF THE PROJECT (AND THE MONTHLY PROGRESS REPORTS
PROVIDED BY THE CONTRACTOR UNDER CLAUSE 13.4), TO ASSIST IN DELIVERY AND
OPERATION AND TO CONSIDER MATTERS REFERRED TO THE PROJECT CONTROL GROUP BY
EITHER PARTY.
(C)
THE PROJECT CONTROL GROUP WILL MEET:
(I)
FOR THE FIRST TIME ON THE FIRST TUESDAY AFTER THE
COMMENCEMENT DATE;
(II)
EVERY FOUR WEEKS THEREAFTER ON A TUESDAY UNTIL THE SOLUTION
COMPLETION DATE, UNLESS OTHERWISE AGREED;
(III)
AS REQUIRED BY THE PRINCIPAL TO REVIEW A MONTHLY PROGRESS
REPORT PROVIDED BY THE CONTRACTOR UNDER CLAUSE 13.4;
(IV)
AS REQUIRED UNDER CLAUSE 49.3; AND
(V)
AFTER THE SOLUTION COMPLETION DATE, AS REQUESTED BY EITHER
PARTY.
(D)
THE PRINCIPAL'S REPRESENTATIVE WILL CONVENE MEETINGS OF THE
PROJECT CONTROL GROUP, PREPARE THE MINUTES OF ALL MEETINGS AND DISTRIBUTE THE
MINUTES SIGNED BY THE PROJECT DIRECTOR AND THE PRINCIPAL'S REPRESENTATIVE TO
MEMBERS OF THE PROJECT CONTROL
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GROUP.
THE PRINCIPAL'S REPRESENTATIVE WILL APPOINT A MEMBER OF THE PROJECT
CONTROL GROUP TO CHAIR EACH MEETING.
(E)
THE PRINCIPAL HAS THE RIGHT TO INVITE REPRESENTATIVES OF
OPERATORS AND STAKEHOLDERS TO ATTEND AND PARTICIPATE IN ANY MEETING OF THE
PROJECT CONTROL GROUP.
(F)
THE PRINCIPAL'S REPRESENTATIVE MAY REQUEST THE CONTRACTOR
TO PROCURE THE ATTENDANCE OF REPRESENTATIVES OF ANY SUBCONTRACTOR,