AMD 1996 Annual Report Download - page 105

that permits only those persons with proper identification to enter or to remain
upon the Site.
8.11 COMMENCEMENT AND PROSECUTION OF CONSTRUCTION WORK. CONTRACTOR shall
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commence the Construction Work not later than the date scheduled for
commencement in the Project Schedule and shall prosecute the Construction Work
to completion in accordance with the Project Schedule. The Construction Work on
the Project as a whole and on each Construction Phase shall be prosecuted at
such time, and in or on such part or parts of the Project or a Construction
Phase as may be required, to complete the Project or such Construction Phase as
contemplated in the Contract Documents and as prescribed by the Project
Schedule. Prosecution of the Construction Work to completion shall be monitored
with reference to the Project Schedule. In the event any part of the
Construction Work falls in arrears of the Project Schedule, CONTRACTOR shall
prepare a Schedule Recovery Plan and present it to COMPANY for discussion and
review. If requested by COMPANY, CONTRACTOR shall implement a Schedule Recovery
Plan. CONTRACTOR shall remain on such course of action until such time as the
degree of completion of the Construction Work complies with the Project
Schedule. Increased costs associated with the Schedule Recovery Plan shall be
Reimbursable Costs, except that (i) the Budgeted Cost of the Work and the
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Project Budget shall not be increased, and (ii) any increased costs attributable
to delay caused by the mismanagement or willful act or neglect of CONTRACTOR,
its subcontractors or vendors or their respective officers, agents,
representatives or employees shall be paid by CONTRACTOR.
8.12 CONTRACTOR RESPONSIBLE FOR CONSTRUCTION MEANS. CONTRACTOR shall be
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solely and completely responsible for all construction means, methods,
techniques, and procedures, and for providing adequate safety precautions and
coordinating all portions of the Construction Work under the Contract.
CONTRACTOR shall perform all tasks in a skilled and workman-like manner and
shall supervise the Construction Work in an efficient and skillful manner.
CONTRACTOR shall be responsible for coordinating work done by the various trades
involved and for the installation of equipment and special items as specified.
In no event shall the lack of objection by COMPANY to any action or inaction
upon the part of CONTRACTOR, be construed to make COMPANY in any manner
whatsoever responsible for CONTRACTOR'S construction means, methods, techniques,
procedures or impose any other liability or responsibility on COMPANY
whatsoever.
8.13 SPECIALIZED CONSTRUCTION MANAGER REQUIRED BY LAW. CONTRACTOR assumes,
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with respect to the services to be provided by CONTRACTOR hereunder, the
function of a responsible specialized construction manager in accordance with
the provisions of the Building Code of Saxony.
8.14 SANITATION. CONTRACTOR shall erect and maintain sanitary conveniences
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conforming to state and local codes at all times while workers are employed at
the Site.
8.15 SAFETY AND SECURITY.
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8.15.1 CONTRACTOR'S RESPONSIBILITY FOR SAFETY. CONTRACTOR shall be
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solely and completely responsible for conditions of the job site, including
safety of all persons (including employees) and property during performance of
the Construction Work. This requirement shall apply continuously and not be
limited to normal working hours. Safety provisions shall conform to those
applicable within the framework of social insurance for occupational accidents,
and all other applicable federal, state, and local laws, ordinances, codes, the
requirements set forth below, and any regulations that may be detailed in other
parts of the Contract Documents. Where any of these are in conflict, the more
stringent requirement shall be followed.
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997