CONDITIONS OF CONTRACT
INTERPRETATION
A Interpretation
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1.2 Words incorporating the singular meaning shall include the
plural and vice versa, and where appropriate, words
denoting the masculine gender include the feminine gender
and words denoting natural persons shall include firms and
corporations and all such words shall be construed
interchangeable in that manner.
1.6 In the event that any part or parts of this agreement is/are
determined to be invalid or unenforceable, such
determination shall not affect the validity of any remaining
portion, which shall remain in force and effect as if this
agreement had been executed with the invalid part or parts
deleted, and it is agreed that the intention of the parties is
that they would have executed the remaining portion of this
agreement without including any such part or parts which
may for any reason be declared invalid or unenforceable.
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A Notices
B Law
1.11 The only law applicable to this agreement is the law of the
Republic of Zimbabwe.
OBJECTIVE
2.2 The employer shall pay the principal contractor for the
execution of the works in terms of this agreement.
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PREPARATION
A Documents
B Programme
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resubmit, the administrator shall state the reasons for
resubmission and the principal contractor may amend the
programme and resubmit it within 5 days. No review of the
programme by the administrator shall relieve the
principal contractor of the principal contractors
obligations under this agreement.
A Design
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6.4.1 co-operation with the administrator, the consultant team
and such other persons as may be necessary or as the
administrator may instruct;
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specifications, levels, setting out dimensions and calculations
as are necessary to explain, amplify, show or describe the
principal contractors designed works at such times as not
to delay or disrupt the progress of the works and having
regard to any schedule for the release of information which
may be agreed between the administrator and the principal
contractor. The relevant number of copies applies to each
submission including all revisions.
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infringed any patent or other rights in relation to any
patented articles, processes, inventions or copyright or other
intellectual property rights unless the principal contractor
uses the same as specified by the administrator. In which
case all royalties, damages or other monies for which the
principal contractor may be liable to pay shall be
reimbursed by the employer.
A Confidentiality
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A Consultant Team
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11.1 The principal contractor shall comply with, and give all
notices required by the statutory requirements except to the
extent that such notices shall have been given by or on behalf
of the employer.
11.4 The principal contractor shall comply with and shall ensure
compliance by all others on site with all the respective duties
and obligations under and pursuant to the statutory
requirements. The principal contractor may issue
directions to those on site concerning the statutory
requirements. Those on site shall comply with all such
directions.
A Works' Risk
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the date of issue of the completion certificate. Where
sectional completion applies, this provision also applies to
each section.
A Employers Risks
B Indemnities
13.2 If under clause 13.1 the liability is due to any act or neglect
of the employer or any person for whom the employer is
responsible, then the principal contractor shall not be liable
for the same. For the avoidance of doubt, the members of the
consultant team in the course of their duties on-site are
persons for whom the
employer is responsible.
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A Insurance
B Project Insurance
14.2 The Contractor shall provide for and effect the following
insurances:-
14.4 Upon the happening of any event which results in any claim
being made under project insurance the principal
contractor shall restore work damaged, replace or repair any
unfixed materials or goods which have been destroyed or
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injured, remove and dispose of any debris and proceed with
the carrying out and
completion of the works.
14.6 The employer shall produce for inspection full details of and
receipts for premiums paid in respect of project insurance
to the administrator and the principal contractor.
14.7 The principal contractor shall take out and maintain a joint
names policy for all risks insurance for the full
reinstatement value of the works plus the percentage, if any,
stated in the appendix to cover professional fees. The
principal contractor shall maintain the joint names policy
up to and including the day of issue of the completion
certificate or the date of cancellation of the principal
contractors employment under the cancellation provisions
whichever is the earlier.
14.8 Where the full reinstatement value increases above the sum
stated in the tender, the employer will reimburse the
principal contractor for any additional premium payable. If
the full reinstatement value decreases any refund of
premium shall be repaid to the employer.
14.9 The joint names policy shall be taken out with insurers
approved by the employer and the principal contractor
shall send to the administrator for deposit with the
employer that policy and the cover note.
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the same the principal contractor shall immediately give
notice to the administrator of the extent and nature of the
loss or damage.
14.15 The monies paid into the insurance fund shall be held on
deposit at interest.
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EXECUTION
A Commencement
16.1 The employer and the consultant team shall have access to
the works, workshops and other places of the principal
contractor, and subcontractors where any work is being
prepared, executed or stored for the works during working
hours.
B Site Safety
17.1 The principal contractor shall at all times comply with the
statutory requirements concerning site safety.
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17.2 The principal contractor shall appoint a safety
representative for the site, whose identity will be made
known to the administrator.
A Draft Instructions
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A Instructions
B Setting out
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20.4 The principal contractor shall at the principal
contractor's cost reinstate any disturbance to the setting out
under clause 20.1.
A Assignment
B Subcontractors
C Selected Subcontractors
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carried out by a subcontractor to be agreed between the
administrator and the principal contractor such
subcontractor shall be called a selected subcontractor.
A Nominated Subcontractors
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22.10.2. no nominated subcontractor shall be appointed where the
principal contractor makes objection;
A Direct Contractors
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monitor the progress of such works or supplies and report
to the administrator any deviation from the programme
permit the direct contractors the use of such site facilities
as the principal contractor may have available on site.
A Antiquities
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A Site Meetings
25.1 The minutes of all site meetings and other relevant meetings are
to be circulated within 3 days of the meeting.
COMPLETION
B Acceleration
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A Deceleration
B Adjustment of Time
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administrator considers the event in principle may entitle the
principal contractor to an adjustment of time.
28.6 If, in the opinion of the administrator the date for completion
has been or is likely to be affected by reason of one of the
grounds specified in clause 28.10 then the administrator shall,
within 10 days of having received from the principal
contractor all adequate notices, particulars and estimates, make
in writing an adjustment of the date or dates for completion.
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28.10.3 any breach or act of prevention on the part of the employer or
for which the employer is responsible; or
A Completion
29.1 The principal contractor shall complete the works by the date
or dates where there are dates stated for part of the works for
completion stated in the appendix, subject to the acceleration,
deceleration or adjustment of time provisions.
29.2 Where there are dates for completion of parts of the works the
provisions of clauses 29.3 to 29.5 shall apply to both the parts of
the works and to the whole of the works and shall be construed
accordingly.
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29.3 The principal contractor shall give to the administrator 2
days notice of the snagging period. On the first day of the
snagging period the administrator jointly with the principal
contractor shall commence an inspection of the works.
The administrator shall prepare snagging lists.
A Early Occupation
30.1 The employer may at any time cause the administrator to give
to the principal contractor an early occupation notice of the
employer's intention to take early occupation of the relevant
part of the works. Early occupation shall not take place until
such date as may be agreed between the administrator and the
principal contractor.
30.2 The provisions of clause 29.4 and 29.5 shall apply to the
relevant part.
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the principal contractor to carry out the matters on the
snagging list within such time period as the administrator may
specify.
31.1 Any defects that appear within the defects liability period shall
be specified in defects lists, which the administrator may
deliver to the principal contractor and the employer from time
to time during the defects liability period. The principal
contractor shall within 20 days, or such other period as the
administrator may specify, of the issue of the defects list make
good all matters administrator to instruct that all or some of the
matters in a defects list are not carried out by the principal
contractor. The retention shall be adjusted.
31.2 If the principal contractor fails to make good any matters
referred to on a defects list, the employer may employ and pay
other persons to carry out and complete the same. The retention
will be adjusted to take account of any costs incurred by the
employer under this provision.
31.4 No defects list shall be issued after the expiry of the defects
liability period.
31.5 When, upon expiry of the defects liability period and in the
opinion of the administrator all defects specified in defects
lists have been made good the administrator shall issue a
certificate of making good defects and completion of making
good defects shall be deemed to have taken place on the date
named in such certificate.
PAYMENT
B Advance Payment
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payment shall be certified by the administrator for payment to
the principal contractor.
32.4 The advance payment shall be repaid and the guarantee reduced
in the manner stated in the appendix.
33.1.3 in the case of the omission of an item of work, such work shall be
valued at the rates in the pricing document, but where the
omission of such work varies the circumstances in which the
remaining work is carried out, the remaining work shall be
valued in terms of clause 33.1.2;
33.3 Where in the appendix it is stated that the works shall be carried
out on the basis of a lump sum contract, the provisions of clause
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33.1.4 shall be used to determine the value of any additional or
varied work, save where the subcontractor has provided a
contract sum analysis which will be used to determine the value
of the same.
33.4 Where work has been identified under a provisional sum in the
pricing document the value of this work shall be omitted from
the contract sum and the work as actually executed shall be
measured and valued in terms of clause 33.1 and added to the
contract sum.
33.6 Where it is required that the contract sum or the retention shall
be assessed or adjusted, the provisions of clause 33.1 shall apply
to such assessment or adjustment.
A Additional Costs
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34.5 Upon receipt of all necessary information from the principal
contractor, the administrator shall within 10 days ascertain the
amount if any to be paid to the principal contractor.
35.3 The employer may deduct the same from any monies due or to
become due to the principal contractor under this agreement
or the employer may recover the same from the principal
contractor as a debt.
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36.2 The administrator shall issue interim payment certificates as
stated in the appendix to the principal contractor for payment
by the employer. A copy of each interim payment certificate
shall concurrently be issued to the employer. The administrator
shall issue interim payment certificates whether or not the
principal contractor has submitted a payment application.
36.3.4 an estimate of the total value of all materials and goods in terms
of clause 36.4;
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36.6 Upon the issue of an interim payment certificate the employer
shall pay to the principal contractor or in the case of a negative
certificate the principal contractor shall pay to the employer
within the period stated in the appendix the full amount certified
for payment subject to any deductions in accordance with this
Agreement.
36.8 Without prejudice to any other rights and remedies which the
principal contractor may possess, if the employer fails to make
any payment to the principal contractor as provided and such
failure shall continue for 5 days after the principal contractor
shall have given the employer notice of the same, then the
principal contractor may suspend the works until such
payment including interest shall have been made and such
suspension shall not be deemed a failure on the part of the
principal contractor to proceed with the works.
A Retention
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36.12 The employer will invest the retention fund as certified by the
administrator and released to the contractor when they are due.
36.14 If, upon application being made by the principal contractor for
early release of the retention monies being held against work
carried out by a subcontractor, the administrator considers
that such retention monies may be released then the same shall
be released together with all interest accrued.The retention
monies released shall be included in the next interim payment
certificate issued.
A Direct Payment
B Fluctuations
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37.3 A fluctuation shall be subject to an addition of a single five
percent administration fee which shall be limited in respect of
any single item to the figure stated in the appendix. The
principal contractor shall pay to the subcontractors such part
of the fee as relates to the sublet works.
37.4 A fluctuation occurring after the date for completion will not
be taken into account when calculating the adjustment to the
contract sum.
A Firm Price
B Fluctuation of Wages
37.8 If at any time between the tender date and the completion date,
statutory fluctuation takes place and the principal contractor
has submitted with each payment application to the
administrator timesheets together with a weekly return of the
number of productive hours worked, then the contract sum
shall be adjusted. Only Government Gazetted labour rates will be
considered for fluctuation purposes.
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A Fluctuation in price of Materials and Fuel
37.9 If at any time between the tender date and the completion date,
fluctuation takes place in materials incorporated in the works or
fuel for site plant or transport then the contract sum shall be
adjusted.
37.12 Orders for materials on the base price list shall be placed
timeously after the date of acceptance of the tender; otherwise
no fluctuation will be allowed.
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from the supplier that the fluctuation has occurred and the
reasons for them.
A Final Account
38.4 If the administrator fails to prepare the final account within the
period stated under clause 38.3 the principal contractor will be
entitled to interest on the outstanding sum due from the expiry of
the stated period as if it were a due date for payment under
clause 36.7. 38.5 If the principal contractor fails to sign and
return the final account in the stated period the final payment
certificate shall be issued in the figure stated in the final
account.
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payment certificates; and the contract sum adjusted as
necessary in accordance with the terms of this agreement.
38.7 The difference between the two sums shall be expressed in the
said certificate as a balance due to the principal contractor
from the employer or to the employer from the principal
contractor. Subject to any deductions or set-off authorised by
this agreement or otherwise by law, the said balance shall, as
from the date for payment stated in the appendix, be a debt
payable by the employer to the principal contractor or by the
principal contractor to the employer.
A Currency of Account
CANCELLATION
B Cancellation by Employer
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40.2 Should the principal contractor default due to any of these
events then the employer may direct the administrator to notify
the principal contractor of the intention to cancel this
agreement. Should the principal contractor remain in default
for a period of 10 days after receipt of such notice then the
administrator may notify the principal contractor of the
cancellation.
40.3 Where this agreement is cancelled and so long as it has not been
reinstated or continued then the following provisions shall apply.
40.5 The employer may employ and pay other persons to carry out
and complete the works and rectify all defects in that part of the
works executed by the principal contractor and may use all
temporary buildings, plant, equipment, and materials intended
for, delivered to and placed on or adjacent to the site, and may
purchase all materials and goods necessary for the carrying out
and completion of the works .
40.7 The principal contractor shall when requested but not before
remove from the site any temporary buildings, plant, equipment,
and materials. If the principal contractor does not comply then
the administrator may remove and sell any such property of the
principal contractor, the proceeds less all costs incurred being
held to the credit of the principal contractor.
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40.9 The principal contractor shall allow or pay to the employer the
amount of any loss and/or expense caused to the employer by
the cancellation. Until completion, the employer shall not be
bound by any provision of this agreement to make any further
payment to the principal contractor. Within 60 days of
completion, the administrator shall certify the amount of such
loss and/or expense caused to and properly incurred by the
employer by the cancellation. If such amounts when added to
the monies paid to the principal contractor before the date of
cancellation exceed the total amount which would have been
payable on due completion in accordance with this agreement,
the difference shall be a debt payable by the principal
contractor to the employer and if the said amounts when added
to the said monies be less than the said total amount, the
difference shall be a debt payable by the employer to the
principal contractor.
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intention to cancel this agreement without prejudice to any other
rights he might have. Should the employer or the administrator
as the case may be remain in default for a period of 10 days after
receipt of such notice then the principal contractor may notify
the employer of the cancellation of this agreement.
41.7 The employer shall be liable to the principal contractor for the
cost of materials and goods including those materials and goods
ordered by the principal contractor prior to the cancellation of
this agreement and for which the principal contractor is bound
to accept and make payment provided that such materials and
goods are delivered to the site and handed over to the employer
in good order.
DISPUTES
A Disputes
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A Adjudication
42.3 When any dispute referred to in clause 42.1 arises, which cannot
be resolved between the parties, it shall be referred in writing to
and settled by the adjudicator.
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A Arbitration
42.15 The NJPC shall be the appointing body for the purposes of the
UNCITRAL rules.
DEFINITIONS
B Definitions
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43.5 adjudicator means: the person appointed to act as adjudicator
under this agreement, who shall be assigned by the NJPC and
who shall be a person registered on the NJPC list of
adjudicators.
43.11 base price list means: a list submitted with the tender
detailing those items in respect of which the principal
contractor wishes the fluctuation provision to apply. The list
shall contain the base price for each item included on the list.
The base prices shall be current market prices as at the tender
date. The principal contractor may apply to the administrator
to add items to the base price list which were not contemplated
at tender but which have arisen as a result of instructions.
43.14 commencement date means: the date on which the works are
to commence on site.
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43.16 completion date means the date on which the administrator
certifies that the works are complete. Where appropriate the
term shall also apply to completion of a part or section of the
works.
43.17 completion of the works means: the state of the works when
the administrator is satisfied that the works are complete,
snagging lists have been attended to and the completion
certificate is issued.
43.21 contract sum means: the value of the works as stated in the
contract and as adjusted from time to time under this
agreement.
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43.26 deceleration enquiry means: an enquiry issued by the
administrator where it is intended to decelerate the works.
43.29 defects list means: any list issued by the administrator during
the defects liability period detailing defects arising during this
period.
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riot, commotion or disorder, unless solely restricted to
employees of the principal contractor or subcontractors and
arising from the conduct of the works
loss or damage due to the use or occupation by the employer of
any part of the works under the early occupation provisions or
under sectional completion arrangements specified in the
contract documents
loss or damage to the extent that it is due to the design of the
works except in respect of the principal contractors designed
works
any operation of the forces of nature against which the
principal contractor could not have been expected to take
precautions.
43.42 handover date means the date on which direct works are due
to be ready for handover from the direct contractor to the
principal contractor.
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subcontractor the nature of whose work was not described in
the tender documents)
the expenditure of a provisional sum
works to be executed by direct contractors
any discrepancy in or divergence between the contract
documents
removal from the site of any materials and their substitution by
other materials
removal and/or re-execution of any work executed by the
principal contractor
suspension of any work to be executed under the provisions of
this agreement
dismissal from the works of any person employed thereon
opening up for inspection of any work covered up
testing of work and materials
protection of the works
amending and making good of any defects
the delegation of functions to members of the consultant team
compliance with safety legislation or safe working practices
environmental issues
antiquities
any breach of contract.
No instruction shall vitiate this agreement.
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43.52 NJPC building direct contract means: the current edition of
the contract as issued by the NJPC.
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direct contractors and the members of the consultant team.
The property insured is the permanent works and materials or
equipment for incorporation therein; the temporary works, i.e.
other works erected or constructed for the purpose of making
possible the erection or installation of the permanent works;
constructional plant and equipment buildings or other property
owned or supplied by the employer. The risks insured shall be in
two sections.
each and every loss arising from storm, tempest, flood water
damage, subsidence collapse and resultant damage caused by
defective design, plan, specification, workmanship or materials
each and every other loss.
43.67 relevant part means: the part of the works to which an early
occupation notice relates.
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43.69 retention fund means: the fund established into which all
retention monies are paid.
43.80 tender date means: the date 5 days before the date on which
the principal contractor is due to submit the tender. In the
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event of a negotiated contract shall mean the date 5 days before
the conclusion of negotiations and agreement of the contract
sum as stated in the appendix or such other date as may be
agreed between the parties.
SUPPLEMENTARY DOCUMENTATION
The employer does not warrant that any supply that may exist is
adequate for the proper execution of the works and in case of
such a supply being inadequate, the Contractor shall provide an
adequate supply at his own expense.
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A Water For The Works
The employer does not warrant that any supply that may exist is
adequate for the proper execution of the works and in case of
such a supply being inadequate, the Contractor shall provide an
adequate supply at his own expense.
B Latrines
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A Name Board
B Bills of Quantities
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A Prime Cost, Provisional Sums, Nominated Suppliers and
Artists
Prime Cost and Provisional Sums are NETT and exclude all trade
and cash discounts which shall be to the Employer's account.
Discounts obtained for early payment or full payment without
retention shall only be allowed to the Contractor following proof
that these monies were paid by the Contractor before receipt of
same from the Employer.
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A Overtime
B Samples
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A Removal of materials and improper workmanship
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A Offices
C Photoprints
D Progress Meetings
1. the Administrator;
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2. the Principal Contractor's representatives who shall be
familiar with progress of the works and have the authority to
make decisions and commitments on behalf of the Principal
Contractor;
A Technical Meetings
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Provide and lay temporary surface drains to prevent the site from
becoming flooded or any of the works damaged including any
necessary day and night working.
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APPENDIX
Commencement Date:
26 June 2015
Contract Period :
16 Months
Advance Payment:
No advance payment will be paid to the contractor
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COLLECTION
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BILL NO. 1 ________________
PRELIMINARY AND GENERAL
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