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DOCUMENT TITLE:  General Terms and Conditions for Engineering, Procurement, and Construction .
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Clause Heading
2.1 - Status of Contractor.
2.2 - Subcontractors.
(A) - Proposed Subcontractors.
(B) - Delivery of Subcontracts.
(C) - Terms of Subcontracts.
2.4 - FE Vendors.
3.1 - General Scope of Project; Phased Release of Project.
(B) - Development Phase.
(C) - Construction Phase.
3.2 - Specific Obligations.
(A) - General.
(B) - Drawings and Specifications.
(C) - Review Process.
(D) - Design Licenses.
(E) - Other Information.
(A) - Key Project Personnel.
(B) - Employees.
(C) - Supervision.
(D) - Substance Abuse.
(E) - Labor Requirements.
(A) - On-Site Facilities.
(B) - Areas of Project and Non-Interference with Other Activities on Site.
(C) - Access to Project; Surveillance.
(D) - Responsibility for Materials and Work Prior to Acceptance.
(E) - Security and Safety.
(F) - Sales Prohibited.
(G) - Arrival and Departure of Contractor's Tools, Equipment, and Materials.
(H) - Radio Equipment.
3.6 - Certificates, Permits and Licenses.
3.7 - Books, Records and Audits.
(A) - Use of Hazardous Substances by Contractor.
(B) - Assumption of Risk.
(C) - Notice of Presence.
(D) - Compliance with Applicable Law.
(E) - Other Environmental Compliance Requirements.
(F) - Pre-existing Hazardous Substances.
3.9 - Quality Control, Testing and Inspection.
(A) - Contractor Responsibility.
(B) - FirstEnergy Rights.
3.10 - Progress Reporting.
(A) - Monthly Progress Reports.
(B) - Other Contractor Provided Information.
(C) - Review Meetings.
(D) - Additional Reports.
3.11 - NSR Consent Decree.
3.12 - FirstEnergys Review and Approvals.
ARTICLE 4 - FIRSTENERGYS RESPONSIBILITIES
4.1 - Payment.
4.2 - Permits.
4.3 - Access to the Site.
4.4 - Other Responsibilities.
5.1 - Price.
(A) - Invoices.
(B) - Payment.
(C) - Interim Lien and Claim Waivers.
5.3 - Final Payment.
5.4 - Withholding.
5.5 - Retainage for Final Subproject.
(A) - Direct Pay Permit.
5.7 - No Release.
6.1 - Commencement of Project.
(A) - Definition of Mechanical Completion.
(B) - Notice of Mechanical Completion.
(A) - Definition of Final Completion and Final Document Delivery.
(B) - Guaranteed Final Completion Dates.
(C) - Notice of Final Completion.
(D) - FirstEnergy Acceptance of Final Completion.
(A) - Project Schedule; Critical Path Schedule.
(B) - FirstEnergy Review of Schedule.
(C) - Updated Critical Path Schedule.
6.5 - Schedule Liquidated Damages.
7.1 - Performance Tests and Protocol.
7.2 - Performance Liquidated Damages.
8.1 - Change Orders Requested by FirstEnergy.
8.2 - Change Orders Requested by Contractor.
8.3 - No Change Orders Due to Contractor Error or Deviation.
8.4 - Change Orders Act as Accord and Satisfaction.
8.5 - Timing Requirements for Notifications and Change Order Requests by Contractor.
8.6 - Adjustment Only Through Change Order.
(A) - Duties of the Affected Party.
(B) - Effect of Force Majeure Event.
9.2 - FirstEnergy-Caused Delay.
9.3 - Recovery and Recovery Schedule.
ARTICLE 10 - COMPLIANCE WITH LAWS, REGULATIONS, AND PERMITS
11.1 - Ownership of Project and Data.
11.2 - Infringement.
11.3 - Data Furnished by FirstEnergy.
12.1 - Contractors Insurance.
12.2 - Additional Insured.
12.3 - Lapse of Coverage.
12.4 - Waiver of Subrogation.
12.5 - Project Insurance.
12.6 - Payment and Performance Bonds.
12.7 - Security for Vendor Termination Costs.
13.1 - Warranty.
(A) - Warranty of Professional Services.
(B) - Warranty of Services Other Than Professional Services.
(C) - Warranty of Materials.
(D) - Subcontractor Warranties.
(E) - Exceptions to Warranty.
(A) - Correction of Work Prior to Commencement of the Warranty Period.
(B) - Correction of Work During the Warranty Period.
(C) - Response Period.
(D) - FirstEnergy Right to Correct or Complete Work.
13.3 - Limitation of Remedies.
ARTICLE 14 - PAYMENT OF ACCOUNTS; WAIVER OF LIEN RIGHTS
14.2 - Waiver of Lien Rights.
14.3 - No-Lien Agreement.
14.4 - Right to Withhold.
14.5 - Subcontracts.
(A) - Termination by FirstEnergy for Default.
(B) - Additional Rights of FirstEnergy Upon Termination.
(C) - Erroneous Termination for Default.
15.2 - Termination for Convenience by FirstEnergy.
15.3 - Suspension of Project.
16.1 - Contractors Indemnity.
16.2 - FirstEnergys Indemnity.
16.3 - Patent and Copyright Indemnification.
16.4 - Lien Indemnification of Contractor.
16.5 - Notice and Legal Defense.
16.6 - Waiver of Immunities.
16.7 - Comparative Negligence; Enforceability.
ARTICLE 17 - CONFIDENTIALITY
17.6 - Restrictions on Public Announcements.
18.1 - Consequential Damages.
18.2 - Liquidated Damages Not Penalty.
18.3 - Liquidated Damages as Exclusive Remedy.
19.1 - Waiver.
19.2 - Parties in Interest.
19.3 - Assignment.
(C) - Assignment to Financing Assignee; Assumption by Financing Assignee.
(D) - Information for Financing Parties.
(E) - Right to Inspect.
(F) - Contractors Cooperation.
19.4 - Governing Law; Dispute Resolution.
19.5 - Notices.
19.6 - Interpretation of Agreement.
19.7 - Severability.
19.8 - Survival.
19.9 - Further Assurances.
19.10 - Execution and Counterparts.
5.1 - AQC Systems, Pricing Methodology and Definitions
7.2 - Reliability Standard, Performance Guarantees and Performance Liquidated Damages
5 - RANDOM TESTING
6 - TESTING FOR CAUSE
12 - SUSPENSION PERIODS AND RE-EMPLOYMENT ELIGIBILITY
13 - THIRD PARTY ADMINISTRATOR
6 - FIRSTENERGY GENERATION CORP.
14 - POWERED INDUSTRIAL TRUCKS, OTHER VEHICLES AND CRANES -
22 - COMPLIANCE AUDITS 7
1 - Designation of Safety Supervisor
3 - Personal Protective Equipment
4 - Emergencies
5 - First Aid
7 - Lockout/Tagout and Control of Hazardous Energy
8 - Excavation and Trenching
9 - Scaffolding and Fall Protection
10 - Asbestos
11 - Inorganic Arsenic
13 - Hot Work
14 - Powered Industrial Trucks, Other Vehicles and Cranes - Drivers and Operators
15 - Written Safe Work Procedures
16 - Employee Training and Qualifications
17 - Incident Reporting
18 - Confined Spaces
19 - Permits, Licenses and Inspections
20 - General Rules for Hazardous Materials and Equipment
21 - Fire Extinguishers and Fire Watch
22 - Compliance Audits
1 - INCENTIVE SCORECARDS
2 - TARGET CONSTRUCTION COST
I - SUMMARY OF PRICING FOR ENGINEERING, PROFESSINAL SERVICES, MATERIALS, FABRICATED ITEMS, AND OTHER PRICING INFORMATION
5 - Engineering Subcontracts
B - Materials, Equipment and Fabricated Items
C - Field Construction
1.0 - SHIPMENT/STORAGE OF HOUSEHOLD EFFECTS
3.0 - EN ROUTE EXPENSES
4.0 - AUTOMOBILE RENTAL
5.0 - EXPENSES AT TEMPORARY LOCATION
6.0 - VISITS HOME
7.0 - HOLIDAY SCHEDULE
8.0 - LEASE CANCELLATION
9.0 - TAXES
10.0 - CONVERSION FROM TEMPORARY TO PERMANENT STATUS
2.0 - SHIPMENT/STORAGE OF HOUSEHOLD EFFECTS
4.0 - EN ROUTE EXPENSES
6.0 - AUTOMOBILE RENTAL
8.0 - REAL ESTATE COMMISSION EXPENSE
10.0 - TAX ASSISTANCE
11.0 - HOLIDAY SCHEDULE
a - FICA, FUTA, and SUTA
1 - Contractor has achieved Mechanical Completion of the Subproject;