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PC/1

Insert Clause 23 Trespass and Nuisance The Contractor shall take all reasonable measures to prevent any trespass by its staff on any property adjacent to the Site. The Contractor shall prevent any of its staff trespassing upon any area within the Site beyond his or her working area assigned for the purpose of carrying out the Works, without the approval of the Employer. Insert Clause 24 Co-operation The Contractor recognises that other contractors, consultants or sub-contractors of the Employer may be working on the Site and the Contractor may be required to work in close cooperation therewith. The Contractor will ensure that all of the Contractor's staff and employees cooperate with and do not obstruct any such other contractors, consultants or sub-contractors working on or in the vicinity of the Site.

Insert Clause 25 Indemnity The Contractor shall indemnify the Employer and keep the Employer indemnified against each and every liability which the Employer may incur to any person whatever and against all damage, expense, loss, cost, claim or proceedings suffered or incurred by the Employer to the extent that the same arises out of or in connection with any negligence, act, error, omission, default or breach of duty by the Contractor, his servants, agents, sub-contractors, suppliers or other persons engaged by the Contractor upon the Works and/or any breach by the Contractor of any of his obligations under the Contract.

Insert Clause 26 Limit of Liability In no event shall the Employer be liable to the Contractor for any loss of use, interruption of business, loss of profit, or any other consequential or indirect damages of any kind. Insert Clause 27 Audit

The Contractor shall permit upon reasonable notice the Employer to have access to the relevant books, accounts, cashings, works records, delivery records and other documentation of the Contractor in relation to the performance of the Contract provided that the Employer states its reason for requiring such access and shall not prevent the Contractor (acting reasonably) from using such books, accounts, cashings, works records, delivery records and other documentation.

Insert Clause 28 Non Solicitation For the duration of this Contract and for a further six (6) months following the expiry or termination of the Contract (for whatever reason), neither party shall employ or engage directly or indirectly, (without the other Party's prior written agreement) nor make or seek to make any offer of employment or engagement to an employee of the other Party (or of any of its associated companies, staff), who have dealt with the other party in the course of the negotiation, conclusion and performance of the Contract. Insert Clause 29 Assignment

PC/2

Assignment and Sub-letting The Contractor shall not, without the prior written consent of the Employer, assign, and transfer and/or charge the benefit to the Contractor of the Contract and/or any of his present or future rights, interests and/or benefit hereunder to any other person. The Contractor shall not, without the prior written consent of the Employer, sub-let any portion of the Works and such consent, if given, shall not relieve the Contractor from any liability or obligation under the Contract. Assignment by Employer The Employer shall be entitled to assign, transfer and/or charge the benefit to the Employer of the Contract and/or any of his present or future rights, interests and/or benefits hereunder to any other person with the prior written consent of the Contractor (such consent not to be unreasonably withheld or delayed). Where the Contractor purports to withhold his consent he shall provide the Employer with justifications and reasons therefor. Insert Clause 30 Notices

All certificates, estimates, comments, instructions, consents, applications, orders or opinions under this Contract shall be in writing, shall be served on the Employer's Representative, the Employer and the Contractor, as the case may be, by sending the same by prepaid first class post to or personally delivering the same or dispatching the same by legible facsimile transmission to the addresses stated in this Contract (or such other address for service in the country where the Works are being carried out as the party to be served may have previously notified in writing to the other party and the Employer's Representative). Due service shall be deemed to have been made at the time of actual receipt by the addressee.

Insert Clause 30 Environmental Practices

The Contractor acknowledges that it is the Employer's wish to encourage its contractors, consultants and suppliers to adopt "environmentally friendly" practices and in particular to comply with ISO 14001 (namely the International Standards Organisation's Environmental Management Systems Standard). The Contractor shall (at his own cost) use all reasonable endeavours to comply with such policy wherever reasonably practicable. The Contractor shall notify the Employer immediately if such compliance has or is likely to have adverse cost or time implications for the Employer in order that the Employer and the Contractor may discuss the best way forward."

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