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Loop Line specification and contract

159 bytes added, 09:39, 11 October 2020
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| style="vertical-align:top;" | 6 . “Contractor” || The word "Contractor" shall be taken to apply equally to all and each of the Partners of firm (if any) entering into a contract with the said Company or to any single individual making such Contract.
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| style="vertical-align:top;" | 7 . “Authority” || “Authority” or “orders in writing” and all expressions to that effect shall apply to any printed or written Documents signed by the Secretary or Engineer of the Company whether such documents be letters notices drawings or sketches.
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| style="vertical-align:top;" | 8. Company to deliver lands to Contractor || The Company will from time to time deliver to the Contractor so much of the lands required for the works as shall in the opinion of Engineer be sufficient for the commencement by the Contractor of such work respectively and will from time to time deliver to the Contractor possession of the residue of the land required in such pieces or parcels as the Engineer may think proper and sufficient for the due completion of the said works within the period to which the Contractor is limited by the Contract.  
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| style="vertical-align:top;" | 9. Contractor to commence immediately after notice shall have been given by Engineer<br>Prosecute work with Diligence<br>And deliver same complete within time limit || The Contractor shall commence the execution of such of the said Works as the Company may from time to time think proper to have executed and as may be included in any notice or notices to that effect from time to time given to him by the Engineer immediately on the receipt of such notice or notices and shall proceed with and execute all such works with due diligence and despatch in the order and course prescribed by the Engineer and shall fully complete the whole of the works and deliver the same over to the Company in good and complete order and condition within the period limited by the Contract.  
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| style="vertical-align:top;" | 10. Contractor to maintain the works during progress<br>And indemnify company from damage to roads &c<br>And from failure from bad workmanship &co for 12 months || The Contractor shall during the progress of the respective works maintain and keep the same in good and compete condition and working order and repair and reinstate all injuries and damages thereto however caused and shall also bear and pay and indemnify the Company from and against all damages loss penalties costs and expenses which they may sustain or be put to by reason of the death of or injury to any person or persons whomsoever occasioned by the Construction of the works or arising from any act or default of the Contractor or which may result from the stoppage of traffic on any Railway, Canal, road or public thoroughfare or from or through the stoppage of any watercourse and if within the period of twelve months from the completion of the work and acceptance thereof by the Engineer any failure should arise from bad workmanship or defective materials (excepting the permanent way materials) or should any defect or deficiency be discovered in the works or should any damages be thereby occasioned to any person or persons or to Railways Canals watercourses lands roads footpaths drains telegraphs or sewers or any other matter or thing the Contractor shall forthwith at his own expense remedy and make good any such failure or defect and shall indemnify the Company against all liabilities claims and demands whatsoever by or on the part of any person or persons whomsoever who may sustain damage or inconvenience from or whose interests may be affected by any such failures defects or deficiencies.  
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| style="vertical-align:top;" | 11. Land for temporary works by contractors || The Contractor shall at his own cost provide all the land required for temporary purposes or for depositing the materials excavated from the foundations and site of the works, or for spoil banks and in order to obtain this, he may as agent of the Company but at his own costs charges and expenses use the powers of the Acts of Parliament authorizing the construction of the said Railways and the Acts incorporated therewith but the situation of the land required for such purposes shall be subject to the approval of the Engineer.  
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| style="vertical-align:top;" | 12. To make arrangements with owners<br>Pay all damage<br>Indemnify Company || The Contractor shall make definite arrangements with the Owners of property in respect of all land or property taken used or entered upon for any temporary purposes and shall pay all damages compensation and purchase or other moneys that may become payable in respect thereof or in respect of trespass on and damage to any adjoining or contiguous properties or in respect of the exercise for such temporary purposes as aforesaid and (as such Agent) of any of the powers of the Acts of Parliament before referred to and will indemnify the Company therefrom and from all losses costs claims and damages charges and expenses on account thereof or in relation thereto and if the said Company shall at any time be called upon to pay any such monies the sums so paid or which the said Company shall be liable to pay shall be charged to the Contractor as so much money paid to him on account of his Contract or at the option of the said Company may be recovered by them from the Contractor as a debt due by the Contractor to the said Company.  
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8 Company to deliver lands to Contractor
The Company will from time to time deliver to the Contractor so much of the lands required for the works as shall in the opinion of Engineer be sufficient for the commencement by the Contractor of such work respectively and will from time to time deliver to the Contractor possession of the residue of the land required in such pieces or parcels as the Engineer may think proper and sufficient for the due completion of the said works within the period to which the Contractor is limited by the Contract.
 
9 Contractor to commence immediately after notice shall have been given by Engineer
Prosecute work with Diligence
And deliver same complete within time limit
The Contractor shall commence the execution of such of the said Works as the Company may from time to time think proper to have executed and as may be included in any notice or notices to that effect from time to time given to him by the Engineer immediately on the receipt of such notice or notices and shall proceed with and execute all such works with due diligence and despatch in the order and course prescribed by the Engineer and shall fully complete the whole of the works and deliver the same over to the Company in good and complete order and condition within the period limited by the Contract
 
10 Contractor to maintain the works during progress
 
And indemnify company from damage to roads &co
 
And from failure from bad workmanship &co for 12 months
The Contractor shall during the progress of the respective works maintain and keep the same in good and compete condition and working order and repair and reinstate all injuries and damages thereto however caused and shall also bear and pay and indemnify the Company from and against all damages loss penalties costs and expenses which they may sustain or be put to by reason of the death of or injury to any person or persons whomsoever occasioned by the Construction of the works or arising from any act or default of the Contractor or which may result from the stoppage of traffic on any Railway, Canal, road or public thoroughfare or from or through the stoppage of any watercourse and if within the period of twelve months from the completion of the work and acceptance thereof by the Engineer any failure should arise from bad workmanship or defective materials (excepting the permanent way materials) or should any defect or deficiency be discovered in the works or should any damages be thereby occasioned to any person or persons or to Railways Canals watercourses lands roads footpaths drains telegraphs or sewers or any other matter or thing the Contractor shall forthwith at his own expense remedy and make good any such failure or defect and shall indemnify the Company against all liabilities claims and demands whatsoever by or on the part of any person or persons whomsoever who may sustain damage or inconvenience from or whose interests may be affected by any such failures defects or deficiencies.
 
11 Land for temporary works by contractors
The Contractor shall at his own cost provide all the land required for temporary purposes or for depositing the materials excavated from the foundations and site of the works, or for spoil banks and in order to obtain this, he may as agent of the Company but at his own costs charges and expenses use the powers of the Acts of Parliament authorizing the construction of the said Railways and the Acts incorporated therewith but the situation of the land required for such purposes shall be subject to the approval of the Engineer.
 
12 To make arrangements with owners
 
Pay all damage
 
Indemnify Company
The Contractor shall make definite arrangements with the Owners of property in respect of all land or property taken used or entered upon for any temporary purposes and shall pay all damages compensation and purchase or other moneys that may become payable in respect thereof or in respect of trespass on and damage to any adjoining or contiguous properties or in respect of the exercise for such temporary purposes as aforesaid and (as such Agent) of any of the powers of the Acts of Parliament before referred to and will indemnify the Company therefrom and from all losses costs claims and damages charges and expenses on account thereof or in relation thereto and if the said Company shall at any time be called upon to pay any such monies the sums so paid or which the said Company shall be liable to pay shall be charged to the Contractor as so much money paid to him on account of his Contract or at the option of the said Company may be recovered by them from the Contractor as a debt due by the Contractor to the said Company.
13 Differences in drawings

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