23.3 In the event that OWNER does not wish that a defect is made good or corrected, OWNER and CONTRACTOR shall agree a suitable course of action. This may include, but not limited to, CONTRACTOR making payment to OWNER of the estimated cost of the rectification WORK which may include supplying replacement equipment for installation by OWNER during the next PLANT shutdown.
23.4 OWNER shall separately invoice or deduct from payments otherwise due or to become due to CONTRACTOR the costs as provided herein. OWNER’s right to back charge is in addition to any and all other rights and remedies provided in this CONTRACT or by applicable laws. The performance of back charge work by OWNER shall not relieve CONTRACTOR of any of its obligations and responsibilities under this CONTRACT including but not limited to contractual liabilities and indemnities.
ARTICLE 24 EFFECTIVE DATE
This CONTRACT shall become effective as from ……………………..
ARTICLE 25 DURATION, SUSPENSION, AND TERMINATION
25.1. This CONTRACT shall come into force and effect on its EFFECTIVE DATE by virtue of Article 24 and shall terminate as hereinafter indicated in this Article 25.
25.2. This CONTRACT shall normally terminate upon the expiration of CONTRACTOR’s responsibilities, liabilities and Guarantee Period under Article 19.2.
25.3. In addition to the regular termination as described in this Article 25, OWNER has the right at any time and at its absolute discretion to terminate this CONTRACT. Such termination shall become effective immediately after delivery of written notice to CONTRACTOR or on such later date as specified in this NOTICE, such date being the effective date of termination for the purposes of this Article 25.3.
25.4. In the event of the notification to terminate this CONTRACT under Articles 25.3, 25.5 and 26.2 or in the event of the termination under Article 25.2, CONTRACTOR shall either immediately or upon such other date as is specified in the NOTICE under Article 25.3 :
25.4.1 If termination has occurred according to Articles 25.3, 25.5 and 26.2, shall discontinue its performance of the WORK and shall preserve and protect tools, CONSTRUCTIONAL PLANT and FACILITIES on SITE, EQUIPMENT AND MATERIALS purchased for or committed to the WORK (whether delivered at the SITE or otherwise), pending OWNER instructions and if requested by OWNER, shall turn over the same to OWNER, including title to said EQUIPMENT AND MATERIALS for the WORK, or dispose of the same in accordance with OWNER’s instructions;