7. Subcontractor
7.1 Subcontractor
(a) The Contractor shall not subcontract any part of the Operation and Maintenance Services to any third party, without prior consent of the Employer. The Contractor shall list of work that the Contractor can subcontract without the Employer's prior consent submit to the Employer for acknowledgement before COD1.
(b) Notwithstanding the Employer’s approval of any subcontracting, the Contractor shall remain liable for all acts, defaults and neglects of all of its subcontractors, agents and their respective employees as if they were the acts, defaults and neglects of the Contractor or its employees and performance by its subcontractor other than the Contractor of Services shall not entitle the Contractor to claim any additional payments whatsoever.
(c) The Contractor shall also comply with the following:
(i) the Contractor shall make all payments it owes to the Subcontractor punctually;
(ii) the Contractor shall manage the performance of each Subcontractor to ensure the quality and timeliness of its performance to meet the requirements of this Agreement;
(iii) the responsibilities or obligations of the Contractor under this Agreement are not otherwise affected by such subcontracting; and
(iv) the Contractor shall ensure that all subcontracts of the Operation and Maintenance Services adequately address all requirements under this Agreement, as if they were required to be complied with by the Contractor.
(d) The Contractor shall place subcontracts and/or orders for all goods, materials and services required to perform the Services in accordance with the Agreed Procedures.
(e) The Contractor shall follow the reasonable steps and procedures prepared and explained by The Employer to the Contractor to ensure that when entering into subcontracts it preserves any relieves or exemptions that may be available to the Employer under the Concession Agreements from sales and other taxes and customs and other import duties applicable to the Employer, and if requested by the Employer, the Contractor will deliver to the Employer any sales or other tax or customs duty invoices addressed to the Employer but received by the Contractor.
(f) In the event of any Subcontractor having any continuing obligation to the Contractor for a period extending beyond the Term in respect of the jobs entrusted to any Subcontractor by the Contractor, the Contractor shall at any time, after the expiration of the Term, assign to the Employer, at the Employer’s request, its rights and obligations under such subcontract for the unexpired duration thereof. However, the Contractor shall not be relieved from the liabilities or responsibilities for completing the Operation and Maintenance Services hereunder prior to the expiration of the Term.