The Contractor shall:
(a) comply with the EHSS Plan in performing the Works;
(b) comply in all material respects with all Environmental and Social Laws and the Environmental Guidelines in performing the Works; and
(c) without limiting the foregoing, ensure that emissions, surface discharges and effluent from the Contractor's activities shall not exceed the values indicated in the Specification and as otherwise prescribed by applicable Laws.
21.2 Environmental and social reporting The Contractor shall:
(a) promptly report verbally and in writing any:
(i) violation of the EHSS Plan and Manual or any other safety rule, plan, policy or procedure;
(ii) injury to any person or damage to property relating to the performance of the Works or occurring on the Site; or
(iii) environmental or safety incident relating to the performance of the Works or occurring on the Site,
(iv) and promptly implement appropriate remedial measures required by this Contract or any applicable Law;
(b) as part of each monthly report delivered pursuant to Clause 8.5, provide to the Employer details of:
(i) health, safety and security incidents;
(ii) any occurrence the Contractor reasonably considers will or is likely to result in E&S Non-compliance, including remedial actions proposed by the Contractor; and
(iii) any material litigation by any Governmental Agency or third party regarding environmental or social matters; and
(c) deliver to the Employer as soon as reasonably practicable after preparation of the same any report submitted by the Contractor to any Governmental Agency or third party with respect to any environmental or social matter pertaining to the Works.
21.3 EHSS Plan and Manual issuance
Not later than [•] days after the Commencement Date the Contractor shall provide the Employer with the EHSS Plan and Manual for review and comment. The EHSS Plan and Manual shall include the matters required to be set forth therein pursuant to Schedule 11, Schedule 12 and the Specification. Not later than [twenty one] days after receipt of the Employer’s comments (if any), the Contractor shall:
(a) incorporate or address, in writing, the Employer’s comments to the Employer’s satisfaction; and
(b) issue the EHSS Plan and Manual.
21.4 EHSS Plan and Manual update
From time to time subsequent to the initial issuance of the EHSS Plan and Manual pursuant to Clause 21.3 the Contractor shall update and reissue the EHSS Plan and Manual:
(a) to ensure that the EHSS Plan and Manual is updated as the Works progress;
(b) to ensure that the Works are fully compliant with the EHSS Plan and Manual, Schedule 11, Schedule 12, the Specification and the Environmental Guidelines; and
(c) to reflect additional information and detailing provided by Subcontractors and/or refinement of the original version.
The Contractor shall cause all Subcontractors to provide input to the EHSS Plan and Manual. The Employer shall have the right (but not the obligation) to review and comment on any proposed change to the EHSS Plan and Manual. No proposed change to the EHSS Plan and Manual shall be effective unless the Employer approves of such proposed change
21.5 Audit
At any time during performance of the Works, the Employer may conduct a compliance audit with respect to the EHSS Plan and Manual. If such audit demonstrates non-compliance by a Contractor with any aspect of the EHSS Plan and Manual, the Employer may notify the Contractor of such non-compliance and the Contractor shall promptly undertake appropriate remedial action, at the Contractor’s sole risk, cost and expense. The Contractor shall promptly notify the Employer in writing of any non-compliance with the EHSS Plan and Manual.
21.6 Safety precautions and programs
The Parties are in agreement that safety of personnel is of the essence in the performance of the Works and this Contract by Contractor. Until the date of completion of the Works the Contractor shall initiate, enforce, maintain and supervise all safety precautions and programs in connection with the performance of the Works
in accordance with the EHSS Plan and Manual and all applicable Laws, and shall take all precautions for the safety of, and shall provide all protection to prevent damage, injury or loss to:
(a) all Contractor’s Personnel;
(b) all Materials and Plant to be incorporated into the Works in storage on or off the Site, or under the care, custody or control of Contractor or any Subcontractor; and
(c) other property on or adjacent to the Site.
The Contractor shall comply with, and shall cause its Subcontractors to comply with, all safety and other regulations commonly imposed at facilities of a similar nature during its performance of the Works.
21.7 Contractor’s Personnel
While any Contractor’s Personnel is performing any of Contractor’s obligations under this Contract on:
(a) the Project Site (other than the Site), such Contractor’s Personnel shall comply with all of the Employer’s safety rules, plans, policies and procedures; or (b) the Site, such Contractor’s Personnel shall comply with the EHSS Plan and
Manual.
21.8 Employer remedies
Whenever, in the opinion of the Employer, the Contractor has failed to take sufficient precautions for the safety of the public or any personnel on the Site or any other location where Works are being performed or the protection of the Power Facility (or components thereof) or of structures or property on or adjacent to the Site, creating, in the reasonable opinion of the Employer, an emergency or any unsafe situation requiring immediate action, then the Employer, after having given prior notice to the Contractor, to the extent practicable under the circumstances, may, but is not required to, cause such sufficient precautions to be taken or provide such protection as may be required to make safe the Site (which may include cessation of any Works in such location, in which event the Contractor shall not resume performance of the Works except by agreement with the Employer). The taking or provision of any such safety measure or protection by the Employer or its agents or representative shall be for the account of the Contractor and the Contractor shall reimburse the Employer for the cost thereof. The taking or provision of any such safety measure or protection by the Employer or its agents or representative shall neither:
(a) provide any Cost relief or extension of the Time for Completion or entitle the Contractor to a Variation under Clause 13; nor
(b) relieve the Contractor of its obligations under this Contract.
21.9 Security
The Contractor shall implement and maintain the security procedures described in the EHSS Plan and Manual for purposes of controlling, identifying and checking in and out all Persons, materials and equipment that may come onto the Site, including the employees of the Employer or any contractor or subcontractor of the Employer.
21.10 Definitions In this Clause 21:
(a) E&S Non-compliance means a failure of the Contractor to comply with, or conduct of the Contractor that is materially inconsistent with, its obligations under Environmental and Social Law;
(b) EHSS Plan and Manual means an environmental, health, safety and security plan and manual consistent with applicable Laws and this Contract, consistent with the scope set forth in Schedule 11 and Schedule 12 and in form and substance satisfactory to the Employer;
(c) Environmental Guidelines means the environmental guidelines set forth in:
(i) Environmental Impact Assessment Report prepared on behalf of the Employer by the Vietnam Environment and Sustainable Development Institute for MONRE dated April 2007;
(ii) the Asian Development Bank Environmental Impact Assessment Mong Duong Thermal Power Center, Socialist Republic of Vietnam, TA:VIE 4670 dated 21 August 2006; and
(iii) MONRE decision No.803/QD-BTNMT on Approval of environmental impact assessment report for “Mong Duong 2 Thermal Power Plant Project with capacity of 1,200MW” dated 22 May 2007.
(d) Environmental Law means any law in Vietnam relating to any:
(i) release, emission, entry or introduction into the air including the air within buildings and other natural or man-made structures above ground;
(ii) discharge, release or entry into water including into any river, watercourse, lake, pond (whether natural or artificial or above ground or which joins or flows into any such water outlet above ground), reservoir, or the surface of the riverbed or of other land supporting such waters, ground waters, sewer or the sea;
(iii) deposit, disposal, keeping, treatment, importation, exportation, production, transportation, handling, processing, carrying, manufacture, collection, sorting or presence of any Hazardous Substance (including in the case of waste, any substance which
constitutes a scrap material or an effluent or other unwanted surplus substance arising from the application of any process or activity (including making it re-usable or reclaiming substances from it) and any substance or article which is required to be disposed of as being broken, worn out, contaminated or otherwise spoiled);
(iv) nuisance, noise, defective premises, health and safety at work, industrial illness, industrial injury due to environmental factors, environmental health problems (including asbestosis or any other illness or injury caused by exposure to asbestos) or genetically modified organisms, or
(v) conservation, preservation or protection of the natural or man-made environment or any living organisms supported by the natural or man- made environment.
(e) Environmental and Social Law means Environmental Laws and all applicable Laws (in both cases, in force in Vietnam), protocols and treaties to which Vietnam is a signatory and has ratified which:
(i) have as their purpose or effect the protection of, and/or prevention of pollution, degradation, harm or damage to, the environment;
(ii) provide remedies or compensation for harm or damage to the environment;
(iii) relate to the harming of or the protection of human health (including laws relating to the quality of life and legal rights of communities) or the health of animals or plants;
(iv) relate to the harming of or the protection of cultural heritage or archaeological artefacts;
(v) relate to occupational health and safety laws;
(vi) relate to hazardous substances or health and safety matters; or (vii) relate to population resettlement or economic displacement matters.