General standards9

5.2  10Project Co shall at its own cost be solely responsible for procuring that the Project Operations are at all times performed:

(a)  in compliance with all Law and Consents (including without limitation the giving of notices and the obtaining of any such Consents) and so as not to prejudice the renewal of any such Consents

(b)  in a manner that is not likely to be injurious to health or to cause damage to property;

(c)  in a manner consistent with the Quality Plans;

(d)  except to the extent expressly stated to the contrary in the Board's Construction Requirements or the Service Level Specifications, in compliance with all applicable NHS Requirements;

(e)  in a manner consistent with the Board discharging its statutory duties and other functions undertaken by it as the same may be notified to Project Co from time to time; and

(f)  in so far as not in conflict with an express obligation of Project Co under this Agreement, or where in relation to a matter there is no express obligation or standard imposed on Project Co under this Agreement, in accordance with Good Industry Practice.

(g)  In the event that any ambiguity, uncertainty, dispute or discrepancy arises in the nature and scope of Project Co's obligations under this Clause 5.2, the provisions of this Clause 5.2 will be given meaning and have effect in descending order of precedence set out in this Clause 5.2.

 




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9 In framing development and service obligations Boards must ensure compliance with HDL (2002) 11 "Corporate Governance: Statement on Internal Control (SIC)". Boards should note that this standard form does not impose any specific obligation on Project Co in relation to IM&T. Boards to consider whether provisions of that nature would be appropriate on a project specific basis and if so include their requirements in their output specifications.

10 The document is construed as a whole and therefore it is unnecessary to refer specifically to any exceptions. Wording which appeared in the previous version of the document has therefore been removed.