Contract Language

Contract language is important in setting the responsibility of the contractor to work in a safe manner. Specific language should be included in the contract to define this responsibiUty. At the same time, the owner of the plant has the obligation imder Responsible Care (Section 7.3) and Title 29 OSHA regulations to provide all necessary information and certain training and to monitor the contractor s performance. 

Contract language should require all precautions necessary to the safety of personnel and the enforcement of all laws and plant rules and regulations. All contractors should be made responsible for their performance in these areas. Besides performing safely while executing the work, the contractor should also be obliged to function in a workmanlike manner so that the fodlity will operate safely after startup. The contractor should warrant that all services show the degree of care and skill expected in the aigineering and construction industry. 

The above does not set specific criteria for performance. Such clauses are sometimes applied to large projects and always entail the added problem of agreeing to methods and techniques for measuring results. It likewise does not set liabilities. These can be set in the contract, but the contractor will quite properly seek to limit them. 

After completion of a contract, other meetings usually are held to review performance and to capture for future application the lessons learned during the contract. Safety should be one of the topics of these meetings. The contractor and owner should jointly identify both successes and failures and list their recommendations for improvement. 

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If you decide to conduct contractor training in-house, apply the same curriculum you would use with your own employees. If the contractor provides the training, make sure you are confident that it meets the same standards as your own you may also need to review contract language to assure that it properly reflects any adjustments in the contractor s obligations. In a situation that combines both approaches, use these suggestions case by case. 

The Midwest Business Group on Health offers purchasers the following list of suggestions for future contract language ... 

As was stated in Chapter 13, Safety Design Reviews, there is a close relationship between establishing safety design specifications and including safety specifications in procurement documents. The latter cannot be successfully achieved until the former has been accomplished. Once safety design specifications are established, the first step is to apply them internally. An appropriate extension then is to incorporate them in purchase orders and contract language. 

The FSV-BCL toolbox is a Simulink library implementation of the Block-based Contract Language (BCL), a ALES proprietary language for requirement formalization [6], that we developed during the evolution of this activity. This toolbox is a graphical editor built to assist the engineers in tackling the complexity of requirement formalization by providing a library of patterns to uni vocally define requirements. 

The contract between you and the client can take the form of a requirements document of the traditional kind written in natural language. But having been through the process of formalization, both sides can be confident that it is achievable and consistent and masks no big unknowns. 

Seeking to establish dialogues with Central and South America, the USP in 1905 responded to a request for a Spanish edition of the Pharmacopeia by contracting with Dr. Jose Guillermo Diaz, Dean and Professor of the College of Pharmacy of the University of Havana, Cuba. Support for this project may have come from a resolution adopted by the Second International Sanitary Convention of the American Republics in 1905, which read in part [3] Resolved, that a translation of this United States Pharmacopoeia into the Spanish language would prove of great benefit to the medical profession and pharmacists in each of the republics represented in this Convention. ... 

Due to this faet, data analysis was confronted with the problem that only research material documented in English and German could be double-checked by the authors of this report. The reviews of material written in other languages represent the individual focus of the contracted expert. Data quality delivered is correlated with both data availability and expert knowledge. A comprehensive literature review in international scientific databases was part of each expert survey. 

In agreement with theoretical prediction, the experimental analysis shows the more positive atoms to be contracted. This is explained by the decrease in electron-electron repulsions, or, in a somewhat different language, the decreased screening of the nuclear attraction forces by a smaller number of electrons. This contraction is incorporated in Slater s rules for approximate, single exponential (and therefore nodeless), hydrogen-like orbital functions (Slater 1932). For a 2px orbital of a second-row atom, for example, the orbital function is given by... 

One proposal for reducing translation costs is to publish a detailed abstract and the claims of the application, in the official language of each designated state so that a full translation would only be required if the patent was to be enforced. This so-called package solution is not as attractive as it seems because the number contracting states is set to increase with the likely addition of Poland, Slovakia, the Czech Republic, Hungary, Bulgaria and Romania. 

Be polite and formal. Avoid slang, cliches, contractions, and informal language. 

We have argued here and elsewhere [44] that the plane-wave representation of classical electromagnetism is far from complete. In tensor language, this incompleteness means that the antisymmetric electromagnetic field tensor on the 0(3) level must be proportional to an antisymmetric frame tensor of spacetime, 7 , derived from the Riemannian tensor by contraction on two indices ... 

Before plunging into the details of a contract it is worth understanding what the contract is and the following definition states the active principles in suitable legal language ... 

Inevitably there will be some contractual situations where disputes arise due to some perceived or real default on the part of one of the parties. When there is no clear path to a resolution through negotiation because the disagreement is sufficiently intractable, one recourse is to arbitration. In most contracts the potential for such a deadlock is recognized by a clause which is inserted to specify both the authority which under whose jurisdiction the arbitration will be heard, the location of the hearings, in which language they will be heard and under the laws of which country. 

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