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Art.4 |
IV ORGANIZATION OF THE PROJECT |
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Art.4.1 |
1. The project shall be directed by a project board. The board shall decide on all matters concerning the project within the framework of this Agreement. |
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Art.4.1.ax |
Each contracting party shall appoint one member of the board. The member appointed by AES will be the chairman of the board. Each member of the board may be assisted at the board meeting by one specialist who shall not have a voting right. The board shall meet at least 3 times a year. Additional board meetings shall be convened at the request of one member of the board. |
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Art.4.1.bx |
The decisions of the project board shall normally be made by mutual agreement. Should it be necessary to vote on any decision, each member of the board shall have a number of votes in proportion to the financial commitment of the contracting party concerned according to Article VI below. Every member shall be given the opportunity to cast his vote. 60 % of the votes cast are required for a decision. An opportunity will be provided for voting in absentia and/or through designated alternate upon proper and timely notification of the matter to be voted on. Should it be necessary to revise the programme, the board should be prepared to meet at short notice. |
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Art.4.1.cx |
The distribution of votes among the four Nordic countries will be stated at the first board meeting. |
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Art.4.1.dx |
AES has an absolute veto right against decisions involving the safety of the plant or conflicts with Swedish laws and regulations. |
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Art.4.2 |
2. AES shall appoint a project manager. The appointment requires the approval of the project board. The project manager shall be responsible to the project board for the execution and management of the agreed project. His duties include the drawing up of detailed programmes of work, including cost and time schedules. |
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Art.4.2.ax |
The project manager shall be present at the meetings of the project board and shall have the right to participate in the deliberations He shall report at each meeting on the progress of the work of the project. |
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Art.4.3 |
3. A committee, called the Technical Advisory Committee (TAC), shall be established. The committee shall be composed of senior technical experts. Each contracting party having a share of 20 % of the total budget shall have the right to designate two members and each contracting party having a share of less than 20 % shall have the right to designate one member. The committee has the authority to direct the project manager on technical matters within the scope, cost and time schedule of the programme. Differences in opinion between the TAC members shall be resolved by the vote following the same procedure as applies to the voting in the board. If the project manager considers a proposal from the TAC to lead to an increase in costs or to a prolongation of the time schedule, the matter shall immediately be brought by him to the attention of the board for decision. Pending the decision of the board, no action shall be taken by the project manager that may infringe upon the freedom of the board to decide. The project manager shall be in attendance at the meetings of the committee. |
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Art.4.3.ax |
The chairman of the project board chairs the meeting of the TAC. The committee shall meet at least three times per year. The meetings shall be convened by the chairman of the project board on his own initiative or at the request of members representing at least 40 % of the votes of the committee. |
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Art.4.4 |
4. In the performance of his duties, the project manger shall be assisted by a project staff as exemplified in Appendix C. |
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Art.4.5 |
5. AES undertakes to render the necessary technical and administrative services and to procure the material for implementation of the project. Legal acts relating to the carrying out of the project shall be performed by AES on behalf of the contracting parties. |
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Art.4.6 |
6. For the financial management of the project, AES shall arrange an adequate book-keeping and reporting system according to the needs of this Agreement. Additional reporting that may be required for specific national reasons is not the responsibility of the project. The auditing shall be performed by the auditors of AES, and if so requested by any of the other parties, by auditors elected by them. |
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Art.7 |
VII SUPPLY OF PERSONNEL |
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Art.7.1 |
1. During the project, the contracting parties shall, within the total budget, contribute to the project staff by supplying project personnel, along the lines specified in Appendix C: p 4. |
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Art.7.1.ax |
The project staff shall be appointed and seconded to the project by the contracting parties with the agreement of the project manager. The project manager shall be responsible for the duly qualified composition and efficiency of the project staff and shall have the right to take the appropriate measures to that effect. The project personnel will remain in the employment of their respective employers. The project staff, during their participation in the project, work under the authority of the project manager and shall be subject to the general working rules of AES such as ordinary working hours, vacation periods etc. |
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Art.7.2 |
2. The parties shall, if considered necessary by the board, maintain at the disposal of the project their project personnel for a period not exceeding the period stated in Appendix E by more than three months. Such prolongation shall fall within the total budget and be credited according to the same rules as set out in Article VI:3. |
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Art.7.3 |
3. In addition, each party may at their own expense and under their own responsibility participate with delegated personnel to the extent agreed by the project manager. They may use their own equipment if agreed by the project manager. Such personnel when working in the project are subject to the rules stated in this Article VII:1. |
