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19. The learned Departmental Representative also invited our attention on the owner's obligations as listed in para 3.01 (on page 51 of the paper book). These are reproduced here as under :

"Owner shall be responsible for :

(i) Overall coordination of the project and monitoring the progress of consultant's work;

(ii) Furnishing information relating to basic design conditions to consultant;

(iii) Obtaining import licences and other permits;

(iv) Reviewing and approving of consultant's work;

(i) Review the basic design conditions set forth in final proposal and where appropriate, review possibilities for standardisation.

(ii) Review the overall steam and power network of ammonia and urea plant and off-sites.

(iii) Assess the priorities and key dates required to be included in the consultant's schedules.

(iv) Make an assessment of all items requiring co-ordination.

(v) Fix up a date and agenda of any subsequent meeting as may be required in association with owner/FPDIL/sub-contractors.

(vi) Discuss and (sic) pollution consultant appointed by owner and supply technical information to owner about various pollution emission/discharge points from different sources indicating the quality, quantity of gaseous/liquid emission of pollutants from the ammonia plant. Consultant shall also supply to owner any additional information required on the above matter during the performance of process design and basic engineering stage. In the event that owner shall pursuant to its responsibilities of overall co-ordination described in Art. 3.02 request consultant to make any alterations to the programme, scope or responsibility under the Agreement, consultant shall do the same subject to the provision of Art. 6."

35. Art. 4 of the agreement deals with the fees. Assessee was to receive gross lump sum fee. The work was classified as follows for the purpose of payment of fees only :

(i) Licence and know-how;

(ii) Basic Design & Engineering package to be done and delivered in Denmark;

(iii) Procurement services including expediting and inspection;

(iv) Supervision of detailed engineering;

(v) Supervision of erection and construction;

(vi) Supervision of pre-commissioning and commissioning operations;