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⟦09dd7fb07⟧ Wang Wps File
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Notes: PC Contract
Names: »1975A «
Derivation
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PROTOCOL
CONVERTER
CONTRACT
…02…
C O N T R A C T
between
Supreme Headquarters Allied Powers Europe
(in the following referred to as SHAPE)
and
CHRISTIAN ROVSING A/S
2, Lautrupvang
DK-2750 Ballerup
Denmark
(in the following referred to as CR)
on
Protocol Converter for connection of
CAMPS - WWMCCS
SCARS II - WWMCCS
(in the following referred to as PC)
1. L̲I̲S̲T̲ ̲O̲F̲ ̲C̲O̲N̲T̲E̲N̲T̲S
2. S̲p̲e̲c̲i̲a̲l̲ ̲P̲r̲o̲v̲i̲s̲i̲o̲n̲s̲
Appendix A SHAPE General Provisions
Appendix B Price Breakdown and Payment Schedule
Appendix C Price Adjustment Formula
Appendix D SHAPE Furnished Property and Support
Appendix E Deliverable Items and Milestone Plan
Appendix F Project Implementation Plan
Appendix G Systems Requirements Specification
2. S̲P̲E̲C̲I̲A̲L̲ ̲P̲R̲O̲V̲I̲S̲I̲O̲N̲S̲
C̲l̲a̲u̲s̲e̲ T̲i̲t̲l̲e̲
1 Scope of Contract
2 Reserved
3 Order of Precedence
4 Systems Requirements Specifications
5 Prices and Price Adjustments
6 Bank Guarantee
7 Program Schedule
8 Installation Sequence
9 Reporting
10 Approval and Submittal of Documentation
11 Contact between RFE and CR
12 SHAPE General Provisions
13 Original Copies
P̲A̲R̲A̲ ̲1̲ S̲C̲O̲P̲E̲ ̲O̲F̲ ̲C̲O̲N̲T̲R̲A̲C̲T̲
This contract provides for the purchase by SHAPE and
the supply by CR of equipment for 8 protocol conveters
to be installed at 3 sites and associated services
in accordance with the terms and conditions, specifications,
and time shedules of this contract.
P̲A̲R̲A̲ ̲2̲ R̲E̲S̲E̲R̲V̲E̲D̲
P̲A̲R̲A̲ ̲3̲ O̲R̲D̲E̲R̲ ̲O̲F̲ ̲P̲R̲E̲C̲E̲D̲E̲N̲C̲E̲
In the event of an inconsistency between the provisions
of this contract, the inconsistency shall be resolved
by giving precedence in the following order:
a) The Special Provisions, Clause 1 thru 13, of this
contract,
b) Appendix A to this contract, SHAPE General Provisions
c) Appendix B, Payment Schedule
d) Appendix C, Price Adjustment Formula
e) Appendix D, SHAPE Furnished Property and Support
f) Appendix E, Deliverable Items
g) Appendix F, Project Implementation Plan
h) Appendix G, PC System Requirements Specification
PARA 4 S̲Y̲S̲T̲E̲M̲ ̲R̲E̲Q̲U̲I̲R̲E̲M̲E̲N̲T̲S̲ ̲S̲P̲E̲C̲I̲F̲I̲C̲A̲T̲I̲O̲N̲
4.1 The System Requirements specification in appendix G
and the Project Implementation Plan in Appendix F represents
exhaustively the baseline for the design implementation
and handover of the Protocol Converter.
P̲A̲R̲A̲ ̲5̲ P̲R̲I̲C̲E̲S̲ ̲A̲N̲D̲ ̲P̲R̲I̲C̲E̲ ̲A̲D̲J̲U̲S̲T̲M̲E̲N̲T̲S̲
5.1 The total price of Protocol Converter Program excluding
options is
D̲.̲K̲r̲.̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲ ̲
5.2 All prices are firm fixed prices and will remain valid
until the completion of the contract.
5.3 Payment will be made in the amounts and the currencies
stipulated in Appendix B. The amounts to be paid in
each currency will remain fixed during the life of
the contract.
5.4 Price adjustments to which CR is entitled due to:
- SHAPE request for changes in the installation schedule
- SHAPE Stop Work Order
shall be calculated from the Price Adjustment Formulas
in Appendix C.
5.5 Price breakdown is given in Appendix B.
P̲A̲R̲A̲ ̲6̲ B̲A̲N̲K̲ ̲G̲U̲A̲R̲A̲N̲T̲E̲E̲
6.1 CR is not required to furnish any bankguarantee under
this contract.
P̲A̲R̲A̲ ̲7̲ P̲R̲O̲G̲R̲A̲M̲ ̲S̲C̲H̲E̲D̲U̲L̲E̲
7.1 Deliverables and scheduled times of delivery are defined
in Appendix E. Deliverable Items and Schedule. A detailed
time schedule is provided in Appendix F: Project Implementation
Plan.
P̲A̲R̲A̲ ̲8̲ I̲N̲S̲T̲A̲L̲L̲A̲T̲I̲O̲N̲ ̲S̲E̲Q̲U̲E̲N̲C̲E̲
8.1 Equipment to be installed at Main CAMPS Sites shall
be installed at the time of installation of the Main
CAMPS Equipment.
P̲A̲R̲A̲ ̲9̲ R̲E̲P̲O̲R̲T̲I̲N̲G̲
9.1 CR shall submit to SHAPE periodic reports according
to the Contract Data Requirement List (CDRL) (Refer
to Appendix D). Representatives of SHAPE shall have
the right to visit the CR plant(s) to ascertain the
progress relative to any of the contract items and/or
the contractual performance of services at any time
during working hours with advance notice to CR.
9.2 At bimonthly intervals CR shall call progress meetings
in Ballerup between representatives of the two parties
in order ot ascertain the progress of the program and
the correctness of progress reports submitted to SHAPE.
9.3 In the event that CR encounters difficulty in meeting
performance requirements, or when it anticipates difficulty
in complying with delivery times stated in this contract,
CR shall immediately notify SHAPE in writing, giving
pertinent details; provided however, that this data
shall be informational only in character and that this
provision shall not be construed as a waiver by SHAPE
of any delivery date or time, or of any rights or remedies
provided under this contract.
P̲A̲R̲A̲ ̲1̲0̲ A̲P̲P̲R̲O̲V̲A̲L̲ ̲A̲N̲D̲ ̲S̲U̲B̲M̲I̲T̲T̲A̲L̲ ̲O̲F̲ ̲D̲O̲C̲U̲M̲E̲N̲T̲A̲T̲I̲O̲N̲
10.1 CR will issue a list of critical documents which must
be approved by SHAPE within 15 calendar days after
receipt. All other documents have an approval cycle
of 30 calendar days unless otherwise agreed.
The result of SHAPE's approval will be categorized
and reported by one of the following statements:
1) "Document approved as submitted" (Category 1)
2) "Document conditionally approved subject to incorporation
of comments set forth in the attached 'Discrepancy
List'" (Category 2)
3) "Document disapproved for reasons set forth in
the attached 'Defects List'" (Category 3)
The 'Discrepancy List' is an exhaustive list identifying
areas which do not prevent the use of the document,
i.e. editorial errors, insignificant omissions, etc.
and other items which cannot be termed in conflict
with the contractual requirements.
The 'Defects List' is an exhaustive list identifying
non-compliance with the requirements of the contract.
CR will issue a 'Document Change Notice' to obtain
unconditional approval of a document in category 2
and 3 above.
If a milestone payment is associated with the document
in question, CR is entitled to invoice on the day of
receipt of SHAPE's notice of the approval result with
respect to categories 1 and 2 above.
A similar invoice relating to category 3 above may
be submitted by CR on the day SHAPE receives the Document
Change Notice correcting the defects noted by SHAPE.
10.2 When CR submits deliverable documentation to SHAPE,
the following procedure shall be used:
10.2.1 When CR has made a shipment (regular mail or air freight),
a telex will be transmitted to SHAPE informing of the
shipment.
10.2.2 When SHAPE receives the shipment, a message will be
sent to CR acknowledging the receipt. The time of receipt
identifies the start of the approval period.
10.2.3 On or before the last day of the approval period, SHAPE
will, by telex, inform CR of the result of the review.
Furthermore, the comments, if any, will be listed.
In case explicit disapproval by telex ot letter has
not been received by CR by the expiry of the approval
period CR shall be entitled to consider the submitted
documentation approved.
P̲A̲R̲A̲ ̲1̲1̲ C̲O̲N̲T̲R̲A̲C̲T̲ ̲B̲E̲T̲W̲E̲E̲N̲ ̲R̲F̲E̲ ̲A̲N̲D̲ ̲C̲R̲
11.1 When authorized by CR, the RFE shall perform repair
and maintenance tasks (to include modifications) during
a warranty period. However, the ultimate warranty responsibility
for repair and maintenance remains with CR.
11.2 Technical cooperation between the RFE and CR will normally
be encouraged. However, CR will inform the CAMPS Project
Manager of all contracts initiated by RFE's with CR
which relate to repair and maintenance.
P̲A̲R̲A̲ ̲1̲2̲ S̲H̲A̲P̲E̲ ̲G̲E̲N̲E̲R̲A̲L̲ ̲P̲R̲O̲V̲I̲S̲I̲O̲N̲S̲
The "SHAPE General Provisions for Fixed Price Supply
and Non-Personal Services Contracts" dated June 1975,
Appendix A to this contract, shall be applicable to
this contract with the amendments, additions, and deletions
listed below. The amendments, additions, and deletions
listed below shall be considered a part of the Special
Provisions of this contract.
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲1̲ ̲-̲ ̲D̲e̲f̲i̲n̲i̲t̲i̲o̲n̲s̲
Add the following:
d. The term "CAMPS" means the "Computer Aided Message
Processing System" as described in IFB Section
III.
e. The term "Contract" means the terms and conditions,
the Appendixes, and other documents which are made
part of the contract by reference.
f. The initial "CO" mean Contracting Officer.
g. The terms "Purchaser" and "Customer" means SHAPE.
h. The initials "CR" mean Christian Rovsing A/S.
i. The terms "Contractor" or "Supplier" mean CR.
j. The term "site" means the physical location within
the voundaries of a territorial host nation at
which works under this contract will be performed.
k. The term "Sub-contractor" means any supplier, distributor
or firm which furnishes supplies, work or services
to or for CR or another of CR's sub-contractors.
l. The term "Territorial Host Nation" means a sovereign
nation member of the NATO Alliance within whose
territorial borders work on sites will be performed
under this contract.
m. The term "foreign currency expense" means expenses
invoiced to CR by its sub-contractor(sO, vendor(s),
or supplier(s) in any other currency than Dkr.
The currencies involved are the respective national
currency of the contributing NATO country in which
the sub-contractor, vendor and/or manufacturer
is located.
n. The term "Main CAMPS Contract" means Contract No.
CE 80-9009-INF and all present and future agreed
modifications.
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲2̲ ̲-̲ ̲A̲u̲t̲h̲o̲r̲i̲t̲y̲
Delete and replace by the following:
During the life of this contract. SHAPE will, in its
relationship with CR, be represented by its designated
Contracting Officer. CR shall accept no directions,
changes or modifications impacting the work under the
CAMPS contract from any national authority of the territorial
host nations or from any authority other than the SHAPE
Contracting Officer. The involvement of territorial
host nations shall on no way alter the fact that this
contract is concluded between SHAPE and CR (i.e. contractual
rights and obligations exist between the two parties
only).
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲6̲ ̲-̲ ̲S̲u̲b̲c̲o̲n̲t̲r̲a̲c̲t̲s̲
a. Subcontractors shall be limited to citizens or
legal entities of contributing member nations of
NATO (France not contributing) unless specifically
authorized by the Contracting Officer. No subcontract
under this prime contract shall be placed by CR
which contemplates carrying out classified work
in other than a NATO Country.
b. Within fifteen (15) calendar days after signature
of subcontracts which have a value of more tha
1,000,000 Dkr. CR shall furnish copies of such
subcontracts to the Contracting Officer for review.
Subcontracts are submitted to SHAPE for information,
and the commercial terms of such contracts are
not necessarily included in the submitted material.
c. CR shall determine that any subcontractor proposed
by him for the furnishing of supplies or services
which will involve access to classified information
in CR's custody has been granted an appropriate
facility security clearance by the subcontractor's
national authorities, which is still in effect,
priot to being given access to such classified
information.
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲8̲ ̲-̲ ̲T̲i̲t̲l̲e̲ ̲a̲n̲d̲ ̲R̲i̲s̲k̲ ̲o̲f̲ ̲L̲o̲s̲s̲
a. Title to any separately identified deliverable
shall pass to SHAPE upon the first SHAPE approval
or acceptance of such deliverable to which a payment
is connected.
b. (1). The risk of loss or damage to all supplies
covered by this contract shall remain with the
Contractor until the commencement of the warranty
period for the items in question.
(2). Notwithstanding b.(1) above, risk of loss
of or damage to supplies which so fail to conform
to the contract as to give a right of rejection
shall remain with the Contractor until cure or
acceptance, at which time b.(1) aboe shall apply.
c. Notwithstanding b. above, the Contractor shall
not be liable for loss of or damage to supplies
caused by the negligence or officers, agents or
employees of SHAPE acting within the scope of their
employment.
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲1̲2̲ ̲-̲ ̲S̲H̲A̲P̲E̲ ̲F̲u̲r̲n̲i̲s̲h̲e̲d̲ ̲P̲r̲o̲p̲e̲r̲t̲y̲
Change heading of the clause to "SHAPE Furnished Property
and Support".
Add the following:
f. To the extent feasible, SHAPE will assist the Contractor's
personnel in obtaining emergency medical treatment
and services at SHAPE and other NATO or national
facilities at locations where PC equipment is to
be installed. Such medical treatment will be against
reimbursement.
g. Additional SHAPE furnished property and support
is listed in Appendix D to this contract.
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲1̲5̲ ̲-̲ ̲D̲e̲f̲a̲u̲l̲t̲
Delete (c.) and replace by the following:
c. Except with respect to defaults of sub-contractors,
the Contractor shall not be liable for any excess
costs if the failure to perform the contract arises
out of causes beyond the control and without the
fault or negligence of the Contractor. Such causes
may include, but are not restricted to, acts of
God, or of the public enemy, acts of SHAPE in either
its sovereign or contractual capacity, fires, floods,
epidemics, quarantaine restrictions, strikes, lock-out,
freight embargoes, energy shortages, and unusually
severe weather, but in every case the failure to
perform must be beyond the control and without
the fault or negligence of the Contractor. If the
failure to perform is caused by the default of
a sub-contractor, and if such default arises out
of causes beyond the control of both the Contractor
and sub-contractor, without the fault or negligence
of either of them, the Contractor shall not be
liable for any excess costs for failure to perform
unless the supplies of services to be furnished
by the sub-contractor were obtainable from other
sources in sufficient time to permit the Contractor
to meet the required delivery schedule.
Add the following:
g. In the event that CR cannot perform, or that the
performance of CR is delayed or made more costly
than could be expected by the time of contract
signature, due to acts or omissions by the TERRITORIAL
HOST NATION authorities SHAPE shall use its best
efforts to assist CR and, if unsuccessful, SHAPE
shall consider the matter within the provisions
of SHAPE General Provisions 3, "CHANGES".
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲1̲8̲ ̲-̲ ̲P̲r̲e̲f̲e̲r̲r̲e̲d̲ ̲C̲u̲s̲t̲o̲m̲e̲r̲
Delete and replace by the following:
a. CR warrants that the prices set forth in this contract
and appendices thereto are as favourable as those
extended to any government, agency, company, organization
or individual purchasing or handling like quantities
and types of equipment and/or parts covered by
this contract and under similar terms and conditions.
b. In the event that, prior to complete delivery under
this contract, CR offers any such items in substantially
similar quantities and conditions to any customer
at prices lower than those set forth herein, CR
shall notify SHAPE and the prices of such items
shall be correspondingly reduced by a supplement
to this contract.
c. "Prices", as used in this clause, means "base price"
prior to applying any bonuses, export tax reduction,
turnover tax exemptions, and other reductions based
on national policies.
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲2̲3̲ ̲-̲ ̲I̲n̲v̲o̲i̲c̲e̲s̲
Delete and replace by the following:
a. Invoices shall be prepared and submitted in at
least quintuplicate unless otherwise specified
and shall contain:
- contract number
- item number
- description of supplies/services, and
- the bank account to which the payment shall
be made.
The invoices shall be accompanied by:
- a bank guarantee, if appropriate, and as approved
by SHAPE
- delivery documents certificates and/or
- other documents required for the authorization
of payment as specified in the Payment Schedule
- exclusive of the taxes, duties, and other charges
referred to in Clause 21, Taxes and Customs
Charges. Any of these CR is required to pay
directly will be identified and invoiced separately.
b. All invoices shall be addressed to the Contracting
Officer, Communications Projects and Implementation
Branch, Procurement Section, SHAPE, B-7010 Belgium.
Each of the invoices should contain the following
certificate:
"I certify that the above invoice is true and correct
and payment therefore has not been received".
The certificate must then be followed by a signature
of a duly authorized company official of CR.
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲2̲8̲ ̲-̲A̲u̲d̲i̲t̲-̲P̲r̲i̲c̲e̲-̲A̲d̲j̲u̲s̲t̲m̲e̲n̲t̲
Amend to read:
"Dkr. 1,000,000" instead of "BF 1,250,000".
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲2̲9̲ ̲-̲ ̲S̲u̲b̲-̲C̲o̲n̲t̲r̲a̲c̲t̲o̲r̲ ̲C̲o̲s̲t̲ ̲a̲n̲d̲ ̲P̲r̲i̲c̲i̲n̲g̲ ̲D̲a̲t̲a̲
P̲r̲i̲c̲e̲ ̲A̲d̲j̲u̲s̲t̲m̲e̲n̲t̲s̲
Amed to read:
"Dkr. 1,000,000" instead of "BF 1,250,000".
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲3̲0̲ ̲-̲ ̲S̲u̲p̲p̲l̲y̲ ̲W̲a̲r̲r̲a̲n̲t̲y̲
a. CR warrants that all supplies and services furnished
under this contract will be free from defects in
material or workmanship and will conform to the
specifications and all other requirements of this
contract.
b. CR Shall, after written notice by SHAPE, replace
or correct without delay any of the defective/non-conforming
supplies, which are determined in any of the goods
and services supplied by CR under the provisions
listed below:
(1) All hardware items except those that are SHAPE
furnished, are warranted until one year after Final
Site Acceptance in accordance with the Master Program
Schedule or any extension thereof except for:
- contractor-purchased items having a useful
life of less than one year as customarily certified
by the manufacturer, in which cases the warranty
shall be limited accordingly
- consumable items such as bulbs, fuses, air-filters,
etc. which items are excluded from the warranty.
(2) Software warranty (12 months) will extend unconditionally
until 365 days have elapsed from the day of successful
Final site test at site 1. Warranty will exclude
normal wear and tear, misuse. and improper manitenance
by SHAPE.
c. SHAPE shall give CR written notice of any defects/non-conformity
within thirty (30) days after its discovery in
accordance with the procedure to be agreed between
SHAPE and CR. The warranty period shall be deemed
to have been …86…1 …02… …02… …02… …02…
completed if notification of a defect, which is alleged
to have occurred within the warranty period, is not
received by CR within thirty (30) days after the date
on which the warranty would normally have expired.
In the event of CR's failure to fulfil its obligations
to repair or replace the defective or non-conforming
hardware items after due notice and within sixty
(60) days (or longer at SHAPE's discretion if deemed
necessary) of receipt of SHAPE's notice, SHAPE
shall have the right at its discretion:
1) to remedy, or have remedied, the defective
performance, in both cases for CR's account;
or
2) to terminate that portion of the contract relating
to the defective work.
d. When return, correction or replacement is required,
the Contracting Officer shall return the supplies
and transportation charges and responsibility for
such supplies while in transit shall be borne by
CR. However, CR's liability for such transportation
charges shall not exceed an amount equal to the
cost of transportation by the usual commercial
method of shipment between the designated destination
point under this contract and CR's plant, and return.
e. If CR does not agree as to its responsibility to
correct or replace the supplies delivered, it shall
nevertheless proceed in accordance with the written
request issued by the Contracting Officer to correct
or replace the defective or non-conforming supplies.
In the event it is later determined that such supplies
were not defective or non-conforming within the
provisions of this clause, the contract price will
be equitable adjusted. Failure to agree to such
an equitable adjustment of price shall be a dispute
concerning a question of fact within the meaning
of the clause of this contract entitled "Disputes".
f. Any hardware supplies or parts thereof corrected
or furnished in replacement pursuant to this clause
shall also be subject to all the provisions of
this clause to the same extent as hardware supplies
initially delivered.
g. Failure to agree upon any determination to be made
under this clause shall be a dispute concerning
a question of fact within the meaning of the "Disputes"
clause of this contract.
h. The word "supplies" as used herein includes related
services.
i. The rights and remedies of SHAPE provided in this
clause are in addition to and do not limit any
rights afforded to SHAPE by any other clause of
the contract.
j. 1) During the warranty period, CR shall accomplish
all software repair/correction as follows:
a) Modification to correct all failures;
b) Modification to correct the baselined Functional
Despriction; and
c) Modifications due to CR-initiated hardware
changes or software enhancement.
Each repair/correction shall be subjected to configuration
management control by both SHAPE and CR.
k. During CR's software warranty period under this
contract the given time to repair/correct software
defects/non-corformities will be mutually agreed
upon considering the circumstances of each defect.
For software warranty defects/non-conformities
that may occur prior to the time at which a central
agency, appointed by SHAPE (such as the NATO Programming
Centre - NCP), takes control of the software baseline
under the CAMPS program, cR shall accomplish repair/correction
in the software Master Programs still in CR's control
and also incorporate the said repair/correction
to be incorporated into the software of the sites
previously accepted. After the SHAPE agency takes
over the CAMPS baseline, update of software of
the sites accepted…86…1 …02… …02… …02… …02…
that are still within CR's warranty period shall
be accomplished by that agency with CR providing
the reapir/correction. Should this right be excercised,
all other contractual conditions, including the
remaining warranty, will remain in force.
l. This warranty is only valid for such defects/non-conformities
in software and/or hardware which can be reproduced
in the presence of CR's representatives. If the
defect/non-conformity cannot be so reproduces or
if for other reasons CR's review of a warranty
claim indicates the claim to be non-valid and it
is confirmed that the software or hardware was
inconformance with the contract requirements, SHAPE
shall reimburse CR for all costs associated with
the alleged claim.
m. CR's warranty obligations under this contract shall
become void in case - without the prior written
consent of CR - repair of any kind of the supplied
software and hardware is performed by persons not
authorized by CR.
n. CR is responsible for the repair/correction of
defects in hardware during the defined warranty
period and may repair/correct the hardware either
at the place of installation or at CR's plant.
If a defect discovered in hardware still under
warranty also affects hardware in sites provisionally
accepted, which are no longer covered by hardware
warranty, CR shall provide information to SHAPE
describing the methods by which such hardware may
be repaired or corrected. The repair or correction
of hardware which is no longer in warranty is the
responsibility of SHAPE.
o. Spare parts and the packaging, marking and preservation
thereof will be under 12 months hardware warranty
from:
1) with respect to spares delivered to a site,
the date of delivery to the site.
2) with respect to spares delivered to a depot,
the date of factory acceptance.
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲3̲1̲ ̲-̲ ̲O̲r̲d̲e̲r̲ ̲o̲f̲ ̲P̲r̲e̲c̲e̲d̲e̲n̲c̲e̲
Delete in its entirety, refer to PARA 3 of the Special
Provisions.
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲3̲2̲ ̲-̲ ̲I̲n̲d̲e̲m̲n̲i̲f̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲S̲H̲A̲P̲E̲
Delete and replace by the following:
a. CR shall indemnify SHAPE against all losses and
claims for injuries or damages to any person or
any property which may arise out of CR's activities
under this contract that are due to the negligence
of CR personnel, including the use or possession
of SHAPE furnished property. In the event of any
claim, CR shall be given written notice and shall
be the right to defend such claim at its own cost
and expense.
b. CR personnel shall use reasonable care to avoid
damaging buildings and equipment on any work site.
If such personnel damages any such buildings or
equipment, CR shall correct or repair the damage
or make replacement, as directed by SHAPE and at
no expense to SHAPE. If CR fails or refuses to
make such repair or replacement, CR shall be liable
for the cost thereof, which may be deducted from
the contract price.
c. With respect to CR's obligation cited in paragraph
a above, CR will obtain insurance against risk
of injury to SHAPE perosnnel and loss of or damage
to SHAPE furnished property.
SHAPE General Provisions
C̲l̲a̲u̲s̲e̲ ̲3̲8̲ ̲-̲ ̲L̲i̲q̲u̲i̲d̲a̲t̲e̲d̲ ̲D̲a̲m̲a̲g̲e̲s̲
Deleted.
P̲A̲R̲A̲ ̲1̲3̲ O̲R̲I̲G̲I̲N̲A̲L̲ ̲C̲O̲P̲I̲E̲S̲
This contract with integral appendices A to G is issued
and signed in two original copies of which one is left
with SHAPE and one with CR.
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Date and Place Date and Place
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SHAPE Contracting Officer Christian Rovsing A/S
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Witness Witness
