Overall Responsibility

17.1 Project Co shall carry out the Works:

(a) so as to procure satisfaction of the Board's Construction Requirements;36

(b) in accordance with Project Co's Proposals; and

(c) in accordance with the terms of this Agreement.

To avoid doubt, the obligations in Clauses 17.1(a), 17.1(b) and 17.1(c) are independent obligations. In particular:

(d) the fact that Project Co has complied with Project Co's Proposals shall not be a defence to an allegation that Project Co has not satisfied the Board's Construction Requirements; and

(e) the fact that Project Co has satisfied the Board's Construction Requirements shall not be a defence to an allegation that Project Co has failed to comply with Project Co's Proposals.




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36 Boards need to ensure compliance with HDL (2002)11 "Corporate Governance: Statement on Internal Control (SIC)".