FIDIC设计采购施工(EPC)合同条件（银皮书英文版）
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FIDIC设计采购施工(EPC)合同条件（银皮书英文版）,http://www.gong66.com
1.6 Contract Agreement
The Contract shall come into full force and effect on the date stated in the Contract Agreement. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Contract Agreement shall be borne by the Employer.
1.7 Assignment
Neither Party shall assign the whole or any part of the Contract or any benefit or interest in or under the Contract. However, either Party:
(a) may assign the whole or any part with the prior agreement of the other Party, at the sole discretion of such other Party, and
(b) may, as security in favor of a bank or financial institution, assign its right to any moneys due, or twww.gong66.como become due, under the Contract.
1.8 Care and Supply of Document
Each of the Contractor’s Documents shall be in the custody and care of the Contractor, unless and until taken over by the Employer. Unless otherwise stated in the Contract, the Contractor shall supply to the Employer six copies of each of the Contractor’s Documents.
The Contractor shall keep, on the Site, a copy of the Contract, publications named in the Employer’s requirements, the Contractor’s Documents, and Variations and other communications given under the Contract. The Employer’s Personnel shall have the right of access to all these documents at all reasonable times.
If a Party becomes aware of an error or defect of a technical nature in a document which was prepared for use in executing the Works, the Party shall promptly give notice to the other Party of such error or defect.
1.9 Confidentiality
Both Parties shall treat the details of the Contract as private and confidential, except to the extent necessary to carry out obligations under it or to comply with applicable Laws. The Contractor shall not publish, permit to be punished, or disclose any particulars of the Works in any trade or technical paper or elsewhere without the previous agreement of the Employer.
1.10 Employer’s Use of Contractor’s Documents
As between the Parties, the Contractor shall retain the copyright and other intellectual property rights in the Contractor’s Documents and other design documents made by(or on behalf of) the Contractor.
The Contractor shall be deemed (by signing the Contract) to give to the Employer a non-terminable transferable non-exclusive royalty-free licence to copy, use and communicate the Contractor’s Documents, including making and using modifications of them. This licence shall:
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Works,
(b) entitle any person in proper possession of the relevant part of the Works to copy, use and communicate the Contractor’s Documents for the purposes of completing, operating, maintaining, altering, adjusting, repairing and demolishing the Works, and
(c) in the case of Contractor’s Documents which are in the form of computer programs and other software, permit their use on any computer on the Site and other places as envisaged by the Contract, including replacements of any computers supplied by the Contractor.
The Contractor’s Documents and other design documents made by (or on behalf of) the Contractor shall not, without the Contractor’s consent, be used, copied or communicated to a third party by (or on behalf of) the Employer for purposes other than those permitted under this Sub-Clause.
1.11 Contractor’s Use of Employer’s Documents
As between the Parties, the Employer shall retain the copyright and other intellectual property rights in the Employer’s Requirements and other documents made by (or on behalf of) the Employer. The Cwww.gong66.comontractor may, at his cost, copy, use, and obtain communication of these documents for the purposes of the Contract.
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) these persons shall be deemed to be jointly and severally liable to the Employer for the performance of the Contract;
(b) these persons shall notify the Employer of their leader who shall have authority to bind the Contractor and each of these persons; and
(c) the Contractor shall not alter it’s composition or legal status without the prior consent of the Employer.
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 aswww.gong66.coma 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:
，FIDIC设计采购施工(EPC)合同条件（银皮书英文版）
1.6 Contract Agreement
The Contract shall come into full force and effect on the date stated in the Contract Agreement. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Contract Agreement shall be borne by the Employer.
1.7 Assignment
Neither Party shall assign the whole or any part of the Contract or any benefit or interest in or under the Contract. However, either Party:
(a) may assign the whole or any part with the prior agreement of the other Party, at the sole discretion of such other Party, and
(b) may, as security in favor of a bank or financial institution, assign its right to any moneys due, or twww.gong66.como become due, under the Contract.
1.8 Care and Supply of Document
Each of the Contractor’s Documents shall be in the custody and care of the Contractor, unless and until taken over by the Employer. Unless otherwise stated in the Contract, the Contractor shall supply to the Employer six copies of each of the Contractor’s Documents.
The Contractor shall keep, on the Site, a copy of the Contract, publications named in the Employer’s requirements, the Contractor’s Documents, and Variations and other communications given under the Contract. The Employer’s Personnel shall have the right of access to all these documents at all reasonable times.
If a Party becomes aware of an error or defect of a technical nature in a document which was prepared for use in executing the Works, the Party shall promptly give notice to the other Party of such error or defect.
1.9 Confidentiality
Both Parties shall treat the details of the Contract as private and confidential, except to the extent necessary to carry out obligations under it or to comply with applicable Laws. The Contractor shall not publish, permit to be punished, or disclose any particulars of the Works in any trade or technical paper or elsewhere without the previous agreement of the Employer.
1.10 Employer’s Use of Contractor’s Documents
As between the Parties, the Contractor shall retain the copyright and other intellectual property rights in the Contractor’s Documents and other design documents made by(or on behalf of) the Contractor.
The Contractor shall be deemed (by signing the Contract) to give to the Employer a non-terminable transferable non-exclusive royalty-free licence to copy, use and communicate the Contractor’s Documents, including making and using modifications of them. This licence shall:
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Works,
(b) entitle any person in proper possession of the relevant part of the Works to copy, use and communicate the Contractor’s Documents for the purposes of completing, operating, maintaining, altering, adjusting, repairing and demolishing the Works, and
(c) in the case of Contractor’s Documents which are in the form of computer programs and other software, permit their use on any computer on the Site and other places as envisaged by the Contract, including replacements of any computers supplied by the Contractor.
The Contractor’s Documents and other design documents made by (or on behalf of) the Contractor shall not, without the Contractor’s consent, be used, copied or communicated to a third party by (or on behalf of) the Employer for purposes other than those permitted under this Sub-Clause.
1.11 Contractor’s Use of Employer’s Documents
As between the Parties, the Employer shall retain the copyright and other intellectual property rights in the Employer’s Requirements and other documents made by (or on behalf of) the Employer. The Cwww.gong66.comontractor may, at his cost, copy, use, and obtain communication of these documents for the purposes of the Contract.
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) these persons shall be deemed to be jointly and severally liable to the Employer for the performance of the Contract;
(b) these persons shall notify the Employer of their leader who shall have authority to bind the Contractor and each of these persons; and
(c) the Contractor shall not alter it’s composition or legal status without the prior consent of the Employer.
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 aswww.gong66.coma 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:
，FIDIC设计采购施工(EPC)合同条件（银皮书英文版）
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