What email address or phone number would you like to use to sign in to Docs.com?
If you already have an account that you use with Office or other Microsoft services, enter it here.
Or sign in with:
Signing in allows you to download and like content, and it provides the authors analytical data about your interactions with their content.
Embed code for: CAP handover document
Select a size
IOM office-specific Ref. No.: IOM Project Code: LEG Approval Code / Checklist Code
The International Organization for Migration
[Babylon Directorate of Electricity Distribution - Babylon]
This Handover Deed (the “Deed”) is entered into by the International Organization for Migration (“IOM”), Mission in Iraq (hereinafter referred to as “IOM”), of [Babylon] on [insert date]. Represented by [Thomas Weiss, Chief of Mission, and [ Directorate of Electricity Distribution ] (hereinafter referred to as the “Recipient”) of [Babylon represented by [Engineer Ali Kahduim Alwan], [Director]. IOM and the Recipient are also hereinafter referred to individually as a “Party” and collectively as the “Parties.”
IOM hereby gives and relinquishes all legal rights, title and interest in [the Rehabilitation of Electrical Grid-Low Tension ] at [AlQasaba AlQadima Community-AlSafer Hay] constructed by [Azem Al-Hadhra Company] (hereinafter referred to as the “Contractor”) in accordance with a contract signed between IOM and the Contractor on [April 27,2016] (the “Property”) to [Babylon Directorate of Electricity Distribution] (the “Recipient”). This Deed is without reservation or restriction provided that the Property must be used throughout its useful life for improving the supplied electricity power and maintain the new electrical grid for the targeted community. Should any of the Property be used for any other purpose, IOM shall have the right to reclaim the Property at any time.
This Deed shall come into effect on delivery and acceptance of the Property by the Recipient and signature of this Deed following provisional acceptance of the Property by both Parties.
IOM hereby transfers the warranty enjoyed under its aforementioned agreement with the Contractor with a duration of 12 (twelve) months starting from [Jun 7,2016] to the Recipient on account of defects in the construction, or the use of materials of inferior quality furnished by it. The content of the warranty shall be defined as follows:
If any defects or imperfections are discovered by the Recipient and communicated to the Contractor due to defective or improper workmanship and/or inferior quality of the material used, the Contractor shall immediately correct such defects within a period of five (5) days of receipt of written notice from the Recipient. Where the Contractor fails to act within this period, the Recipient may engage the services of a third party to correct the defect and hold the Contractor liable for the cost of such services. In such circumstances the Contractor shall reimburse Recipient the cost of such repair, with interest at two (2) percent per month from the time such expenses were incurred until fully reimbursed.
The Contractor shall perform repair work with the utmost care and diligence to protect existing facilities and prevent damage thereto. In the event that damage to existing facilities is caused by such repairs, the Contractor shall repair such damage at its own expense and to the Recipient’s satisfaction and acceptance.
This warranty does not entitle the Recipient to request changes to parts of or the entire Works which have been completed in accordance with specifications provided by IOM.
IOM warrants that it has lawfully constructed the Property and that the Property is free of any encumbrances or any other claims by a third party. IOM does not provide any warranties as to the quality of the Property or its fitness for the purposes for which it is donated.
5. (a) Any dispute, controversy or claim arising out of or in relation to this Agreement, or the breach, termination or invalidity thereof, shall be settled amicably by negotiation between the Parties.
(b) In the event that the dispute, controversy or claim has not been resolved by negotiation within 3 (three) months of receipt of the notice from one party of the existence of such dispute, controversy or claim, either Party may request that the dispute, controversy or claim is resolved by conciliation by one conciliator in accordance with the UNCITRAL Conciliation Rules of 1980. Article 16 of the UNCITRAL Conciliation Rules does not apply.
(c) In the event that such conciliation is unsuccessful, either Party may submit the dispute, controversy or claim to arbitration no later than 3 (three) months following the date of termination of conciliation proceedings as per Article 15 of the UNCITRAL Conciliation Rules. The arbitration will be carried out in accordance with the 2010 UNCITRAL arbitration rules as adopted in 2013. The number of arbitrators shall be one and the language of arbitral proceedings shall be English, unless otherwise agreed by the Parties in writing. The arbitral tribunal shall have no authority to award punitive damages. The arbitral award will be final and binding.
(d) The present Agreement as well as the arbitration agreement above shall be governed by internationally accepted general principles of law and by the terms of the present Agreement, to the exclusion of any single national system of law that would defer the Agreement to the laws of any given jurisdiction. Internationally accepted general principles of law shall be deemed to include the UNIDROIT Principles of International Commercial Contracts. Dispute resolution shall be pursued confidentially by both Parties. This Article survives the expiration or termination of the present Agreement .
6. Nothing in this Deed affects the privileges and immunities of IOM as an intergovernmental organization.
Signed in duplicate in English , on the dates and at the places indicated below.
For and on behalf of
The International Organization
for Migration For and on behalf of
The International Organization
Name Wajdi Al-Azzawi
Position; CAP Supervisor Engineer.
Place ; Babylon Governorate
Position; Director CoM/HoO.
To be signed by the Recipient upon its receipt and acceptance of the Property
[Babylon Directorate of Electricity Distribution]
Babylon Directorate of Electricity Distribution
Name:Ali Kahduim Alwan
Place : Babylon Governorate
Checklist Code: CHECKLIST- _______________
(To be filled in upon receiving Checklist Code from LEG.)
Checklist – Handover Deed
The Handover Deed attached does NOT require LEG approval, as it follows the template previously approved by LEG as per EXC 1021/2016. (IN/99 Rev.2, paragraph 10)
Please tick this option if you are filling in this checklist for an Amendment to a Handover Deed:
The Amendment attached does NOT require LEG approval, as it is an amendment to a Handover Deed under EXC1021/2016 as per Article 10 of IN/99 Rev.2 and the amendment, together with the original Handover Deed and any other existing amendments, if any, remain within the parameters set in these paragraphs. (IN/99, Rev.2, paragraph 13)
Please indicate the LEG approval/checklist code(s), if any, for the original Handover Deed and for any previous Amendment signed:
Before signing any Handover Deed, Directors/CoMs/HoOs/OiCs should check ALL items and tick all applicable boxes depending on the content of the Handover Deed. Kindly note that unless all the conditions below are fulfilled, the Handover Deed is not eligible for the assignment of a checklist code and will be approved by LEG.
No physical or formal transfer of the donated Property has taken place prior to signing the Handover Deed.
This handover complies with IOM constitution, policies, manuals, Guidance Notes and instructions from relevant thematic areas.
The authority of the signatory for the Recipient to sign has been verified.
The specifications of the Property to be donated are clearly described in the Agreement.
The Handover Deed is not or shall not be backdated. The signature date shall always be the actual date of signature.
There are no additional clauses which have not been approved by LEG specifically for this Handover Deed.
Provisional acceptance of the Works has occurred, IOM will keep 10% retention of related construction contract until the Handover Deed has been signed.
“I certify that all the requirements above are met. With my signature, I demonstrate that I have read, fully understood and agreed to all terms of the Handover Deed and thereby take personal responsibility for its contents.”
“I understand that the Handover Deed should be referred to LEG for approval if any of the boxes above are not ticked or if I have not fully read, understood and agreed to the terms of the Handover Deed.”
Name and Title in block letters: _____________________________
OiC (Please see note 1 below.)
Name of Mission/Office/Department: ____________________
NOTES TO MISSION:
If an Officer in Charge (“OiC”) signs for the Director/Chief of Mission (“CoM”)/Head of Office (“HoO”), please attach the authorization for the OiC to sign on the Director’s/CoM’s/HoO’s behalf to the checklist code request.
The authorized person signing the checklist has to be the same person who is signing the Handover Deed. The only exception applies in case the OiC has signed the checklist and between the signing of the checklist and the signing of the Handover Deed, the Director/CoM/HoO returns to duty.
The Handover Deed is not or shall not be backdated. The