AT
ALL TIMES DURING THE TERM.
THE PRINCIPAL AGREES THAT ANY PERSON ACCESSING ANY
SUCH SITE MUST COMPLY WITH THE CONTRACTOR'S NORMAL SAFETY AND SECURITY
PROCEDURES AND MUST NOT UNDULY INTERFERE WITH THE PERFORMANCE OF WORK BEING
UNDERTAKEN ON THE SITE.
TO THE EXTENT POSSIBLE, REASONABLE ADVANCE NOTICE WILL
BE GIVEN OF THE PRINCIPAL'S INTENTION TO ACCESS A SITE.
(B)
THE CONTRACTOR AGREES THAT, AT ALL TIMES, THE PRINCIPAL OR
ANY PERSON AUTHORISED BY IT WILL:
(I)
SUBJECT TO NORMAL SAFETY AND SECURITY CONSTRAINTS AS
NOTIFIED BY THE CONTRACTOR, HAVE THE RIGHT OF ACCESS DURING BUSINESS HOURS OR ON
REASONABLE NOTICE TO:
A.
ALL OF THE CONTRACTOR'S DESIGN OFFICES INVOLVED IN THE DESIGN
OF THE SOLUTION;
B.
THE SITES WHERE THE WORK IS BEING CARRIED OUT; AND
C.
ALL OTHER AREAS RELEVANT TO THE WORK; AND
(II)
BE ENTITLED TO EXERCISE THIS RIGHT OF ACCESS FOR THE
PURPOSES OF:
A.
OBSERVING THE WORK AND MONITORING COMPLIANCE BY THE
CONTRACTOR WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE REQUIREMENTS
DOCUMENT;
B.
UNDERTAKING PROGRESS INSPECTIONS OF THE SOLUTION BY THE
PRINCIPAL; AND
C.
ANY OTHER REASON RELATING TO THE SOLUTION OR THIS AGREEMENT.
9.11
ACCESS DURING NTS SOLUTION REQUIREMENTS PHASE
(A)
PROMPTLY AFTER THE COMMENCEMENT DATE, THE CONTRACTOR AND THE
PRINCIPAL WILL COMMENCE, AND WILL EACH USE ALL REASONABLE ENDEAVOURS TO FINALISE
AN ACCESS REGIME FOR THE NTS SOLUTION REQUIREMENTS PHASE, WHICH CONTAINS
REASONABLY ACCEPTABLE ACCESS REQUIREMENTS IN RELATION TO EACH ACCESS PROVIDER
AND THE BUS OPERATORS, AND WHICH WILL DEAL WITH:
(I)
THE DETAILS OF THE PEOPLE, EQUIPMENT, DATA AND SITES TO
WHICH ACCESS IS REASONABLY REQUIRED BY THE CONTRACTOR ("SITES");
(II)
THE TOTAL AMOUNT OF ACCESS TO EACH SITE WHICH IS REASONABLY
REQUIRED; AND
51
(III)
PROPOSED DATES AND TIMES FOR ACCESS TO EACH SITE,
for the Contractor to carry out the obligations set out in clauses 11.1(a) and
11.1(b), taking into account any relevant information provided to the Contractor
about limitations in relation to access to any Site.
(B)
SUBJECT TO SAFETY AND SECURITY REQUIREMENTS IN RELATION TO
THE SITES, THE PRINCIPAL WILL USE ALL REASONABLE ENDEAVOURS TO ARRANGE FOR THE
CONTRACTOR THE ACCESS REQUIRED, IN ACCORDANCE WITH THE ACCESS ARRANGEMENTS
AGREED UNDER CLAUSE 9.11(A).
10.
RESPONSIBILITY FOR WORK
10.1
CONTRACTOR RESPONSIBLE
The Contractor will be responsible for:
(A)
CARRYING OUT THE WORK AND IMPLEMENTING THE SOLUTION IN
ACCORDANCE WITH THE PROJECT DOCUMENTS;
(B)
THE PROFESSIONAL QUALITY, TECHNICAL ADEQUACY AND ACCURACY,
TIMELY COMPLETION, AND COORDINATION OF ALL PLANS, DESIGNS, DRAWINGS,
SPECIFICATIONS, REPORTS OR OTHER DOCUMENTS OR SERVICES PREPARED OR PERFORMED
UNDER THIS AGREEMENT;
(C)
ENSURING THAT, EXCEPT WHERE A HIGHER STANDARD IS SPECIFIED
IN THIS AGREEMENT, THE WORK CONFORMS TO INDUSTRY PRACTICES APPLICABLE TO THE
TYPES OF SERVICES AND WORK CARRIED OUT; AND
(D)
ENSURING THAT UPON THE SOLUTION COMPLETION DATE, THE
SOLUTION WILL PERFORM IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING THE
REQUIREMENTS DOCUMENT AND THE PROJECT DOCUMENTS AND SOLUTION DOCUMENTATION.
10.2
WORK PERFORMED BY THIRD PARTIES
(A)
SUBJECT TO THIS CLAUSE 10, THE CONTRACTOR MAY PERMIT ANY