Clause 24. Variation

- PWD FORM 203A1PWD FORM 203A21.0 DEFINITIONContract documentContractorContract PeriodContract SumDate for CompletionDefect Liability PeriodNominated Sub Contractor or Nominated SupplierOn-cost ChargesOfficer NamedPrime Cost or Abbreviation P.C.SumProvisional SumSiteS.OS.Os RepresentativeWorks3INTERPRETATION1.Term approve or approval should be in writing2.Words importing the singular includes the plural and vice versa where the contacts require.3.The headings are only for reference ,not be considered to be part of contract.4.If specifically stated a reference in this contract and the appendices to any clause mean that clause in this contract.5. The contract should be read as a whole ,unless otherwise specifically stated, this contract are to read subject to any relevant specification in any other clauses 42.0 Contract Period:1.Stated the time of commencing and ending.

3.0 S.O and S.Os Representative:Duties:1.S.O shall be responsible for supervision and direction and all matters regarding with contractor2.S.Os Rep a. S.O must appoint any representative as he deems fit. b. S.Os rep shall be responsible to the S.O on his duties

S.O authority to delegate1.S.O should writing delegate to S.Os Rep any of the power and authorities and shall furnish to the contractor copy.2.Any instruction given by S.Os Rep to the contractor within the term of delegation are valid3.If the contractor is not satisfied with S.Os Rep ,the they may refer to S.O4.The delegation in this shall not preclude the S.O from performing his duties.54.0 S.O Right To Take ActionNotwithstanding any provision in this contract it is hereby agreed that:The right to act on be half of government in respect of ant matterThe power of the S.O to issue instruction requiring a variation

The contractor shall not be entitle to extension of time or any extra cost or expense or whatever arising from compliance with this clause65.0 S.Os InstructionsThe S.O may issue any further drawing ,details and/or written instructions.All instructions issued by S.O. shall be in writing and shall be complied by the contractor.If within seven days after received the written notice from S.O., the contractor does not comply it, then the S.O. have the right to terminate the contract.The contractor shall be responsible for all the expenses in carrying out the works.

76.0 SCOPE OF CONTRACTUpon this contract, the contractor shall construct and complete the works.The contractor must also undertake any consequential work during the completion of works.The contractor shall also make good any defect, imperfection, shrinkage or other fault appear during the Defect Liability Period.87.0 CONTRACT SUMThe sum of payment given by government to the contractor for the construction and completion of works.98.0 CONTRACT DOCUMENTSCustody of the contract documents:The contract shall be prepared in two original copies for S.O. and Contractor.After execution of this contract, S.O. shall immediately furnish to the contractor two copies of contract drawings and two copies of unpriced bills of quantities and one copy of priced bills of quantities.S.O shall furnish the contractor two copies of further working drawings or details when necessary.The contractor shall keep one copy of these documents.Upon final payment, all of these documents shall be return to the S.O.None of these documents shall be used for any purpose other than this contract.10Sufficiency of contract documents:The contract documents are to be taken as mutually explanatory of each other.If the contractor shall find any discrepancy, he shall immediately give a written notice to the S.O.

119.0 REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS OF THE CONTRACTORRepresentations and Warranties:Contractor represents and warrants to government that:It is a corporation validly exist under law.valid registration with construction industry.It has corporate power to performIt has taken all necessary corporate action to authorize the performance of this contract.As at the execution date, this contract will violate in any provision of Memorandum and Articles of Association; and any related agreement.Not to have a material adverse effect upon it under this contract.This contract constitutes a legal, valid and binding obligation between contractor and its terms and conditions.It has necessary financial and technical capability to undertake the works.

12Undertakings of the Contractor:The contractor shall be fully liable for all costs incurred.Contractor shall pay all taxes.Contractor shall ensure the payment of income tax are made from deduction of his employees salaries.

1310.0 OBLIGATIONS OF THE CONTRACTORShall construct, complete, test and commission the works.Shall perform the works properly.Shall take all appropriate measures expected to ensure the works comply with contracts requirements.Shall perform the works and discharge its obligations as contained in this contract with well-outlined procedures.Shall perform the works in safe and protect the governments interest in relation to the works at all times.Shall immediately inform in writing to the government all the occurrence which will affect the works.14Provide and maintain throughout the contract period such number, categories of qualified and competent personnel necessary to perform the works.Provide and maintain at its own cost and expenses necessary for effective performance of works.Shall instruct and supervise all its staffs in carrying out the works.Shall make good any defect, imperfection, shrinkage or other fault appear during the Defect Liability Period.Shall carry out any other obligation and responsibilities under this contract.

15Clause 11.0 - Inspection Of Site Theseclauses is a provisionas it allowingthe contractortoconductinspectionandmake all examined of thesite until the contactor satisfiedbeforeenteringatender. But this obey to limitation and shouldfollow someguidelinesthatform the basisofcontract, for example:-

Nature of ground and subsoilThe form and nature of siteMaterial and good necessary for work proposeCommunication and excessAccommodations Necessary information that may influence and affecting his tenderAny information and document forwarded by the Government to the contract

16

Clause 12.0 Programme Of Work Theseclauses says when the contractor received the Letter of Acceptance, itrequires thecontractortosubmit awork programme first to S.O and seek for their approvaland determination .

Normally, contractor will provide in detail work break down and timing line progression as the proposal of work execution . It must be submitted within 14 days after received the letter.

But during the actual progress of the work, if the S.O found that the contractor progress does not conform to the earlier work programme, therefore contractor shall revised and produce necessary modification through the approved program so that to ensure the completion of the work within the time.

17Clause 13.0 Performance Bond / Performance Guarantee Sum In the clause 13, under performance bond/ performance guarantee matter, it states that the contactor must provide a sum equivalent to (5%) of the total Contract Sum in order to be a substitution to any claim due to contractors performance and obligation under the contract.

The bond is a require exist by an approved licensed bank or financial institution incorporated in Malaysia and it shall remain valid effective until 12 months of the defect liability period.

But it also give an optional to the contractor do replacement rather than provide 5% performance bond/performance guarantee where contractor s is allowed to make a deduction of 10 percent from the first interim payment.

This performance bond will refunded to the contractor during the completion of making good all the defect as government satisfaction. 18Clause 14.0 Indemnity In Respect Of Personal Injuries And Damage PropertyContractor agree with Government that:- he takes the responsible for any injuries occurs.It shall indemnify and keep indemnified the government from against all actionsThe obligations under this clause shall continue after the expiry Contractor shall indemnify, protect and defend at its own cost and expenses arising against all claims .

1915.0 Insurance Against Personal Injuries and Damage to PropertyTaking Insurance -to indemnify the Government, therefore Contractor and all sub contractor shall cover all their liability by taking an insurance. The insurance shall be for purpose of :-Injuries or deathDamage or loss to propertyMovable or immovableExecution of the work and cause by any neglienceOmmisionBreach of contract The policies of insurance shall contain a cross liability clause indemnifying each of the jointly insured against claim and also cover from the period of the date possession of site until the date of issuance of Certificate of Making Good Defect.

20Production of Policies in this clause stated that contractor shall produce and deposit relevant policies of the insurance together with receipt which paid to S.OClause 15.3, claim to the default in insuring where when contractor fails to renew the insurance, hence the S.O on its behalf shall be entitled to deduct a sum to the amount respect On-Cost Charges.Clause 15.4- Cancellation of Insurance, Contractor shallEnsure that any insurance policy affected here to shall only cancelled by the insurer after the expiry of 30 days from the date of receipt.Shall not any time permit any insurance permit by virtue of the contract.21Clause 15.5- Loss or Damage Occasioned by Insured RiskAny damages or loss occurring during the performance of the contact, contractor shall repair, replace or make good using his own resources.22Clause 16.0- Indemnities To Government In Respect of Claims by WorkmenThe contractor shall be liable for and shall indemnify and keep indemnified the government and its officers of servant from all liabilities arising out of claims by any workman employed by Contractor.

Contractor shall effect and maintain throughout the Contract Period a Workmen Compensation Insurance.23Clause 17.0 Employees Social Security Act 1968Defining the clause in 17.1, it require the contactor to register all local workmen employed under the Employees Social Security Scheme (SOCSO)

The contribution to SOCSO is made by contractor and all the code number of all workmen SOCSO shall be submitted to S.O as the evidence through out the payment of the contribution

If contractor fails to comply with term in this clause, the Government may breach the contract as:-Withhold an amount from any money which would otherwise be due to the contractor under this contractDeduct any money from contractor due to the remaining unpaid contribution24Clause 18.0- Insurance of WorkThe definition of Insurance of Work is likely the same as in clause 15, where contractor are posses to provide an insurance against matter related to the work itself.

Contractor must provide the insurance cover all the lost and damages for the work, submitted to the S.O and renewing the insurance for good.2519.0- Setting OutContractor shall be responsible for:-True and proper setting out of the work If there is an error during the progress of the work, contractor shall at its own rectify the error or on being required to do so by the S.O, he shall at his own expenses rectify such error to the satisfaction of the S.OGiving S.O such information that will enable him to check the setting out.

2620.0 Unfixed Materials and GoodsUnfixed material and goods delivered to site shall not be removed except for use upon work.Unless the S.O has consented in writing to such removal, therefore it said to be removed as all the material and goods become the property of the governmentBut the contractor shall remain responsible for loss or damage to the goods and material.2721.0- Compliance With The LawIn the clause of 21, it summarized that the contractor shall:-Comply in all respect with any law, regulation or any directive issued by any public authority or public service company.Keep the government indemnified against all penalties and liability of every kind for breach of any such Statutory Requirement.Before making such variation, contractor should notify to the S.O as to apply for S.O instruction in respect of the matter2822.0 - DesignClause 22.1Design Liability in the contract is define as :-Contractor has to undertake any design and specification supplied by the Government To ensure that such design shall be suitable , functional, safe and compatibleDesign is approved and endorsed by a competent and registered professionalContractor must fully responsible to the design, execution and maintenance of the work

29Clause 22.2 Design Guarantee Bond In the clause, it describe to the contractor obligation where:-The contractor shall provide a Design Guarantee Bond for the said part of the works issued by an approved licensed bank/ financial institutionDefect/ damage that occur will claims to the design guarantee bond30Clause 23.0 Employment of WorkmenContractor shall :-employ only Malaysian citizen as workmenmay employ non-Malaysian citizen subject to the approval of the government on the commencement of the works furnish to the Jabatan Tenaga Kerja is perform all particular connectedMaintain of the sites at all timeCause his sub-contractor and nominated sub-contractor to comply with the provison.

31Clause 23.2- Compliance with Employement Act 1955.The Clause has said that the contractor employment must meet all the requirement of the Employment Act 1955.The contractor shall not entitled to any claim for additional cost and payment respect to the compliance.Clause 23.3 Days and Hours of WorkingNo work shall be done:- Weekly day of rest /any public holiday/after 6 pm to 6 am the contractor shall keep and cause sub- contractors proper wages book

32Default payment of wages is describe as payment shall be deemed to be a payment made by contractor to the employment.While discharge of workmen (clause 23.6) stated that any person removed from the work shall be replace without delay and must be approved by the S.O.Clause 24. VariationVariations means any changes in the Contract DocumentAddition/omission to the contract sumIssue by the S.O34Clause 25. Valuation of VariationTo determine the rates in BQ for variations of works.Allow use day work price if not provided in the BQThe amount of variation shall be certified by the S.O35Clause 26. Bill of QuantitiesBasic of contract sumStandard method of measurementProvisional Quantities36Clause 27. Measurement of worksThe S.O shall do the measurement or remeasured the works for the purposes of variations of works.Both parties involved - Contractor or qualified agent - S.O or S.O s representative

37Clause 28. Payment to Contractor and Interim CertificatesContent 6 sub clauses

First Valuantion - when the contractor has executed works including delivery unfixed materials or good Interim Certificate issue by the S.O. within 14 days .Payment - within 30 days

38Clause 29. Adjustment of Contract Sum The amount to be added to OR deducted from the contract sum due to fees and charges in relation to related clause.

eg. - Charges of supply of water and electricity and permanent connections to the services ( under clause 6.2) - Variation of works (under clause 24)39Clause 30. Fluctuation of priceThe Special Provisions to the Conditions of Contract for Fluctuation of Price as contained in Appendix ( If applicable), pay by the Government to the contractor upon the issue by the S.O of an Interim Certificate.40Clause 31. Final Account And Payment Certificate41Clause 32. Effect of S.Os CertificateIn any imperfection or other faults, no certificate of the S.O. shall be final and binding in any dispute between the Government and the Contractor if the disspute is brought whether before an arbitrator or in the Courts.42Clause 33. Deduction from Money Due To ContractorThe Government or the S.O. on its behalf shall be entitled to deduct any money The S.O. in issuing any certificate under clauses 28 and 31, shall have regard to any such sum so chargeable against the Contractor.

43Clause 34. Prime Cost /Provisional SumsClause 34.1Prime cost/provisional sum normally provided in the contract.The amount due to the contractor shall be determined by deducting the prime cost/pc.sum and the relevant profit and atendance charges.

44Clause 34. Prime Cost /Provisional Sums ( cont)Clause 34.2If the Provisional Sum not used either wholly or partly shall be deducted from the Contract Sum.The value of works which are executed by the contractor in respect of Provisional Sums shall be accertained in accerdance with clause 25 hereof.45Clause 34. Prime Cost /Provisional Sums ( cont)Clause 34.3Any work to be executed or materials to be supplied for which Provisional sums are provided in the BQ may,if the S.O. so decides, be treated as P.C.Sum items and shall be dealt with in accordace with clause 34.1 46Clause 34. Prime Cost /Provisional Sums ( cont)Clause 34.447Clause 35. Materials, goods And WorkmanshipClause 35.1All materials ,goods and workmanship must follow standard and specification .The S.O. has right to request the relevant cerificates/ vouchers to prove that the materials and goods comly with the specification.48Clause 35. Materials, goods And Workmanship (cont)Clause 35.2The contractor shall at his own cost, provide samples of materials and goods for testing purposes.

Clause 35.3The contractor shall pay all duties and taxes which may imposed by law such as customs duties and sales tax on all materials, goods and equipment.

Clause 35.4The contractor shall pay all tonnage and other royalties, rent fees and other payments or compensation (if any) for getting stone, sand, gravel, clay or other materials required for the works.

49Clause 36. Inspection And Testing Of Materials, Goods and EquipmentContractor shall submit to the S.O. , proposals for inspecting the design and setting out of the works and testing of material.The S.O. may issue instructions to the Contractor to remove from the site or rectify any work, goods which are not in accordance with the contract at his own cost.The contractor shall provide such assistance, instruments, machines, labour and materials for purpose of testing to ensure the quality, weight or quantity of materials used and supply samples of materials before incorporation in the works for testing.The cost of making any test shall be borne by the contractor if such test is: i. proposed by the contractorii.clearly provided in the contract

50Clause 37. Construction Plant, Equipment, Vehicles and MachineriesContractor shall pay all fees to bring the contructional plants to Malaysia.All Shippings documents - submitted to S.OIf using agents, the invoice must indicate clearly that the consignment is for the contractors account.All expences/charges and customss clearance must be done by the contractor.

5138.0 POSSESSION OF SITE38.1 No work shall commence unless and until the Performance Bond (clause 13) stipulated, insurance (clause 15 and 18) 38.2Unless the Contractor who shall thereupon and forthwith commence38.3If stated in conditions or Contract Document38.4If delay possession of site, SO shall revised date of possession and completion, but no claim loss or damage38.5If delay beyond ninety days, SO written notice, contractor reply within 14 days either agree to proceed or terminate

5238.0 POSSESSION OF SITE38.6 If possession of any section is delayed beyond 90 days, the S.O shall notice the contractor of the causes of such delay and within 14 days either to :a) agree to proceedb) Request for S.O instruction to omit the relevent section5339.0 COMPLETION OF WORKS39.1 Shall complete on or before the Date For Completion (clause 43)39.2Contractor shall notify the SO in writing if considers achieved completion39.3 Within 14 days, the S.O testing and inspection and the contractor complete defect works and S.O shall issue Certificate of Practical Completion (CPC)39.4If the S.O given instruction, no CPCuntil carried out the remedial work within reasonable period

5439.0 COMPLETION OF WORKS39.5 The works shall not be regarded as practically complete unless, it has fulfilled following: The works completed with terms and conditionsVery minor defectsPassed any commissioning tests requiredFit for occupationAll the essential services

5540.0 DAMAGES FOR NON COMPLETION40.1 If contractors fails to complete by Date for Completion or wihin extended time, S.O shall issue a Certificate of Non Completion (CNC) and intention to impose Liquidated and Ascertained Damages (LAD)40.2 Shall calculated at the rate stated to the date of issuance CPC or terminated date. S.O deduct from any money or become due (Performance Bond)5641.0 SECTIONAL COMPLETION41.1 Where different completion dates for different section (works) or separete LAD, the provision regard to :a) Certificate of Practical Completion (CPC)b) Delay and Extension Of Time (EOT)c) Liquidated Ascertained Damages (LAD)d) Defect Liability Period (DLP)But not insurance of work, Performance Bond, final payment5741.0 SECTIONAL COMPLETION41.2 Performance Bond shall be released only upon issue of Certificate Making Good Defects (CMGD)5842.0 PARTIAL OCCUPATION/ TAKING OVER BY GOVERNMENT42.1 Shall take possession of and occupy any part :

CPCWithin 7 days from the date of possession, government shall issue Certificate of Partial Occupation (CPO)DLPb) Have Commenced on date taken possession5942.0 PARTIAL OCCUPATION/ TAKING OVER BY GOVERNMENTCMGDc) Have been made good by contractor, CMGD shall givenReduction of LADd) Be reduced in the proportionInsurancee) Shall insure and keep insured the works in the manner as stipulated6042.0 PARTIAL OCCUPATION/ TAKING OVER BY GOVERNMENTPB Not Affectedf) Shall released only upon the completion of making good all defect6143.0 DELAY AND EXTENSION OF TIME43.1 Contractor shall forthwith written notice of the following events :Force majeure under clause 57Exceptionally inclement weatherSuspension of works under clause 50Direction by S.O consequential upon disputes S.O instruction under clause 5

6243.0 DELAY AND EXTENSION OF TIMEContractor not received in due instruction (nomination of sub con/ supplier)Delay in giving possesion of site under clause 38.4Delay on part of artist, tradesmen or other engaged by GovernmentReason beyond controlDelay on Nominated Sub Contractors/ supplier6344.0 CLAIMS FOR LOSS AND EXPENSE44.1 Delays as stated under clause 43.1 c),d).e),f) and h),contractor have to claim loss and expense within (30) days of the occurance with an estimate44.2 Not later than 90 days, contractor shall submit full particulars of claims and S.O shall added to the Contract Sum44.3 If fails to comply, not entitled to comply clause 44.1 and 44.26445.0 INVESTIGATION BY GOVERNMENT AND OTHER PERSONS IN CASE OF ACCIDENT, FAILURE OR OTHER EVENT

Contrctor shall render all such assistance and facilities, giving access to all specification, design, record and other available information relating to the works.6546.0 ACCESS FOR WORKS46.1 Access for S.Oa) Shall at all reasonable times have to access to the works and other placesb) Shall take reasonable step required to enforce or assistc) If any person removed, contractor shall be replaced without delay, and shall not entitled any claim for any expense

6646.0 ACCESS FOR WORKS46.2 Access for Other Contractors and WorkmenThe Contractor shall in accordance afford all reasonable access and facilities to any person that engaged by Government6747.0 SUB CONTRACT OR ASSIGNMENT47.1 The Contractor shall not sub contract the design for any portion under clause 22 and not in any way absolve the obligation of the contractor under clause 1047.2 The contractor shall not sub contract the whole or any substancial part, if given by S.O, the contractor from any liability47.3 The contractor shall be fully responsible for the acts, defaults or neglects6847.0 SUB CONTRACT OR ASSIGNMENT47.4 No claim shall be made by the contractor 47.5 If the contractor sub contracts the works without getting written of the S.O, the S.O shall have forwith terminate without costs and expense given47.6 The contractor shall not assign the Contract in favour of the Contractors banker without prior written consent of the S.O6948.0 DEFECTS AFTER COMPLETION

48.1 Completion of Outstanding Work and Remedying DefectsDuring DLP Contractor to make good such defects, imperfections, any fault at own cost Not later 14 days or 3 months DLP, Contractor have to make good the defects and the S.O shall not be allowed to issue to make good defect after 14 days

7048.0 DEFECTS AFTER COMPLETION48.2 Default in Remedying DefectsIf the contractor shall fail to comply clause 48.1 a) and or 48.1b), the S.O shall be deducted from any money due or become due or recovered from Performance Bond48.3Diminution in Value of WorksThe S.O shall ascertain the diminution in the value, recoverable by the Government as a debt due or Performance Bond

7148.0 DEFECTS AFTER COMPLETION48.4 Certificate of Completion of Making Good Defects (CMGD)If the Contractor completed the defects, the S.O shall issue CMGD

7249.0 UNFULLFILLED OBLIGATIONThe Contractor and Government fullfilled of any obligation after CMGD issued

7350.0 SUSPENSION OF WORKS50.1 Suspension and Resumption of WorksThe officer named may any time instruct the contractor to suspendThe Contractor shall suspend and duly protect, store and secure against any deterioration, loss or damageThe Contractor shall continue to perform its obligations (maintain insurance or Performance Bond)

7450.0 SUSPENSION OF WORKSd) The Government may instruct Contractor to resume the works and contractor shall make good any deterioration during suspension and necessary to mitigate the expenses incurred.7550.0 SUSPENSION OF WORKS50.2 Extension of Time (EOT)The Contractor shall give notice for EOT, but not entitled is due to a cause attributable to the contractor and not entitled to payment of loss and expense if Fails to take measuresFails to take all necessary action to take all necessary action to mitigate

7650.0 SUSPENSION OF WORKS50.3 Consequence of Mutual TerminationIf the contract is mutual terminatedClause 51.1c), shall be applicablePayment obligations including all costs and expenditure incurred by the Government and the Contractor shall be ascertained, clause 547751.0 Events and Consequences of Default by the Contractor7851.1 DEFAULT OF OBLIGATIONSEvents of Default(A) CONTRACTOR -Fail to commence works within 2 weeks after the date for possession Suspends or abandons the works before date of Completions Fails to proceed the works regularly and diligentlyFails to execute the worksPersistently neglects to carry out his obligation under the contracts

7951.1 DEFAULT OF OBLIGATIONSTermination If contractor fails to remedy the breach within such periods, the S.O shall have the right to forthwith terminate this contract by giving a written notice to that effect.8051.1 DEFAULT OF OBLIGATIONSConsequences of Termination contractor shall Forthwith ceased all operations of the worksCarry out any protection works and leave the site in clean and tidy conditionTerminate all third party contractRemove its personnel and workmenVacate the site

8151.1 DEFAULT OF OBLIGATIONSConsequences of TerminationGovernment Shall call upon performance bond or forfeit the performance guarantee sumEnter and repossess the siteentitled to carry out and complete the works

8251.1 DEFAULT OF OBLIGATIONSGeneral Default - Events of Default Contractor becomes bankruptContractor becomes insolvent or compoundsAn order is made or resolution is effectively passes for the winding up of the contractorExecution is levied against a substantial portion of the contractor assets

8351.1 DEFAULT OF OBLIGATIONSGeneral Default - Consequences of Termination

Nothing in clause 51.2 or anything else contained in this contract shall render the government in any way liable for payment upon termination.

8452.0 TERMINATION ON NATIONAL INTERESTTerminationTerminate contract by giving not less 30 days written notice if the government considers that such termination is necessary for national interest, national policy or national securityPurpose of this clause are shall be solely made and determined and purpose to be final and shall not be open to any challenge whatsoever

8552.0 TERMINATION ON NATIONAL INTEREST Consequences of TerminationUpon such termination of this contract under clause 52.1

Payment obligation including all cost and expenditure incurred by government and the contractor shall be ascertained in accordance with clause 54Clause 51.1(c)(i) and clause 51.1(c)(ii)(B) shall apply8653.0 TERMINATION ON CORRUPTION TerminationIf the contractor of its staff gives or offers to give to any person any bribe or commission as and inducement or reward

For doing of forbearing to do any action in relation to the contract or in any other contract or any other contract with governmentFor showing or forbearing to show favour or disfavour to any person in relation to the contract or in any other contract or any other contract with government

Then shall be entitle to forthwith terminate this contract at anytime by giving written notice to that effect contractor

8753.0 TERMINATION ON CORRUPTION Consequences of TerminationGovernment shall entitle to all loses including any incidental cost and expenses Nothing in clause 53 or anything else contained in this contract shall render the government in any way liable for payment upon termination

8854.0 Payment Upon Termination

Government shall entitle to all loses including any incidental cost and expenses Nothing in clause 53 or anything else contained in this contract shall render the government in any way liable for payment upon termination

8954.1 Amount to be paid if contract terminated under clause 50 and 52

the value of all work been doneThe amount payable of any preliminaries work that been doneMaterial on site that legally accept by contractor etc

9055.0 Certificate of termination Cost

Completion cost

The sum previously paidThe sum paid to someone engaged by the government to complete the jobAny sum paid to sub-con or suppliers under clause 60Any cost incurred by the government in completing the worksThe amount of direct loss caused to the government due to the termination

9155.3 Final Contract Sum The amount which would have been payable under the contract on completion in accordance with the contract, sumAny other sums which the government might be entitled under the terms of the contract to deduct from the original contract sum

55.4 The certificated of termination costs shall state the diff. between the final contract sum and the completion cost. If the final contract sum is less than the completion cost the diff shall be a debt payable by the contractor to government and vice versa

9256.0 Surviving Right Any termination under this contract shall not affect the liability of either party hereto for any of its acts or omissions during the period of the contract and both parties shall thereafter continue to be so liable and shall keep the other party hereto indemnified and hold harmless in respect of any claims arising therefrom

9357.0 Force Majeure57.1 force majeureWar, invasion, act of foreignRevolution ,rebellion,civil war,terrorismNatural catastrophe (earthquake,flood)Nuclear explosion, radioactive or chemical contamination or radiationPressure waves (sonic & supersonic speeds)Riot, commotion of disorder9458.0 Site Agent and assistantsCompetent, experience, and good character site agent and his assistants in each trade as mayCapable to receive instruction in bahasa malaysia

9559.0 Nominated sub-contractor and nominated suppliersSomeone or company been named by contractor as sub contractor or suppliers60.0 Payment To Nominated sub-contractor and nominated suppliersReceive direct payment from government 61.0 There is no liability against government and contractor9660.0 Payment To Nominated sub-contractor and nominated suppliers64.2 The S.O. shall issue instruction what is to be done concerning the object.

64.3 Contract in direct loss and/or expense for which he would not be reimbursed by a payment but the amount shall be added to the Contract Sum.

9763 INTELLECTUAL PROPERTY RIGHTThe proprietary in the works shall vest in government free and clear of all liens, claims and encumbrances on the worksThe contractor shall be responsible for any claim that the equipment supplied in infringes a patent, copyright or registered design

9864.0 ANTIQUITIES

64.1All fossils, coins, antiquitiesand other objects of value which may be found on the Site shall become absolute property of the Government. Not to disturb the object. Preserve the object in the exact position. Inform the S.O. 9964.2 The S.O. shall issue instruction what is to be done concerning the object.

64.3 Contract in direct loss and/or expense for which he would not be reimbursed by a payment but the amount shall be added to the Contract Sum.

10065.0 ARBITRATION

65.1Any dispute or difference between the Government and the Contractor shall refer to the officer for decision.

65.2Decision shall be in writing, be binding on the Parties until the completion of the Works.10164.2 If the Parties

a)fails to receive a decision from the officer within 45 days after requested, or b)is dissatisfied with any decision of the officer then dispute or difference shall be referred to arbitration within 45 days to an arbitrator to be agreed between the Parties and to be appointed by the Director of the Regional Centre for arbitration in Kuala Lumpur.

102 The arbitration shall heard and conducted at the Kuala Lumpur Regional Centre for Arbitration.

65.4 Such reference shall not be commenced until after the completion of the Contractor employment under this Contract, unless with the written of the Government and Contractor.

10365.5 During the period of approval, all parties must carry out their responsibilities under the contract.

65.6 All Parties may make any counter claim in relation to any dispute or difference arising from the Contract.

65.7 Arbitratorn who may determine the amount to be taxed and who must be paid.10465.8 Arbitrator shall be final and binding on the Parties.

65.9 In the event of the death of the arbitrator or his unwillingness or inability to act. The Government and the Contractor shall appoint another person to act as the arbitrator or arbitrator shall be appointed by the Director of the Regional Centre for Arbitration in Kuala Lumpur.

10565.10 The reference for the arbitration is Arbitration Act 2005.

65.11 The arbitration shall be governed by the Arbitration Act 2005 and the laws of Malaysia.

10666.0 NOTICE, ETC.

66.1 Any notice, approval, consent, request or other communication shall be in Bahasa Malaysia or English language.

66.2 Such notice must be send by :hand delivery or courierleaving the notice at the registered office or site office of the Contractor.registered post (shall be received seven (7) days after date of posting10766.3 The address of the Government and the Contractor is as shown on the Contract.

66.4 All parties must to notify the any changing of address or entity by giving a written notice within 14 days and if failing to notify the S.O., any instruction or notice shall be deemed to have been served upon the Contractor.10867.0 AMENDMENT

No modification, amendment of provisions of this Contract unless made by mutual consent and made in writing by way of supplementary agreement and duly sign by the Parties.

10968.0 CONFIDENTIALITY

68.1 The Contract and all such as drawings, records, and all matter pertaining hereto shall be considered as confidential except where :

a)such information is necessary for the purposes of raising finance of the Contractor

110such information is necessary for the purposes of raising finance of the Contractorsuch information is made to the Contractors consultant.such information is required by law or by any government agency for the performance of any obligation.the information has entered public domain.

11168.2 Contractor undertakes to ensure that such parties shall not disclosure the information to another party.

68.3 The restrictions contained in this clause shall survive the termination of this Contract and shall continue to bind both Parties without limit of time.

11269.0 STAMP DUTY

The Contractor shall bear the stamp duty, legal costs and fees in the preparation of contract and anything incidental thereto.

11370.0 SEVERABILITY

Any provision of this contract is held to be illegal or is invalid under any laws or regulations effective and applicable during the term of this contract such provision shall be fully severable and the remaining provisions of this Contract shall remain and shall not be effected by the illegal provision from this contract.

11471.0 WAIVER

Failure by any Party to enforce at any time, any provision of this Contract shall not be construed as a waiver of its right to enforce the breach of such provision.

11572.0 LAW APPLICABLE

This Contract shall be construed inaccordance with the laws of Malaysia and the Parties irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.11673.0 SUCCESSORS BOUND

This Contract shall be binding upon the respective successors-in-title of the Parties.11774.0 EPIDEMICS AND MEDICAL ATTENDANCE

74.1 The Contractors shall maintain the Site in clean and sanitary condition and shall comply with the Government Health and Sanitary Authorities requirement.

74.2 The Contractor shall ensure that sufficient first aid kits are made available. 11875.0 TECHNOLOGY TRANSFER

If foreign professionals appoints, Contractor shall ensure that the employees of the Government are trained.11976.0 GENERAL DUTIES AND PERFORMANCE STANDARD

76.1 Industry Practice The Contractor shall perform the Works in a proper manner with good management and best industry practice and shall comply with any guidelines issued by the Government.12076.2 The Contractor shall provide and perform its obligations under this Contract and take all appropriate measures.

76.3 The Contractor shall at all times perform the Works in such manner as will always protect the Governments interest. 12177.0 RESTRICTION AND PROCEDURE ON USE OF IMPORTED MATERIALS AND GOODS

77.1Contractor shall use local goods/materials as listed in the Senarai Bahan/Barangan Buatan Tempatan 122issued by IKRAM QA Services Sdn. Bhd. and/or issued by SIRIM QA Services Sdn. Bhd. If their fails to comply that requirement, the Government may reject the materials.

77.2 For local materials not listed as aforesaid, its may be allowed if prior testing and certification from IKRAM or SIRIM or another agency with the S.O.s prior approval. 12377.3 The Contractor shall at his own cost entirely substitute any materials, plant, equipment, vehicles or other goods proposed to be imported but not approved by the Government with suitable local materials.

12477.4 The Contractor shall ensure that the procurement of approved imported materials or other goods are obtained directly from the country of origin based on F.O.B.The transportation and insurance of import materials from the origin country to the Site shall be arrange through the Governments Multi Modal Transport Operators. 12577.5 The Contractor shall submit documentary evidence of compliance with this clause to the S.O. within one (1) month from the date of each delivery to the Site.

78.0 TIME

Time whenever mentioned shall be of the essence of this Agreement. 126