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HA isrance or Cetractre Personne Wa cause listed Sub-Clause 17.3 [Employer's Asks), excent to the ‘extent that cover is available at commercially reasonable ters. ‘The Contractor shall efect and maintain insurance against liabilty for claims damages. losses and expenses (including logal fo0s and oxpanos) ansing from injury. sickness, disease or death of any person emeloyed by the Contractor or any other of the Contractor’ Personnel The Employer and the Engineer shall also be indemnified under the poloy of insurance, except that this surance may exclude losses and claims to the extent that they ane from any act or neglect of the Employer or of the Employer's Personne! ‘The insurance shall be maintained in tll forwe and effect during the whole time that these personne! are assisting in the execution of the Works. For 2 Subcomractor’s employees, the insurance may be effected uy the Subcontractor, bul the Contractor shal be responsible for compliance wih tis Ciause. Force Majeure 194 Definition of Force Majou ie 192 Notice of Force Majeure: 56 In this Cause, “Force Majeure” means an exceptional event cr circumstance: (2) vingh ie heyandl a Barty’e contra (0) winich guch Party could not reasonably have provided against before entering Into the Contract, (6) which, having arisen, such Party could rot reasonably have avoided oF overcome, ond (@) which is not substantially attrinutablo to the other Party. Force Majeure may inetude. but is not imited 10, exceptional events or circumstances, of the kind Koted below, s0 long 8 conditions (ato (dh above are satisfied: () was, hostities (whether var te declared or rath. evasion. act of foreign enemies. (@—rebstion, tenorisen, wevoiutun, insunection, willery oF usurped! Lume, OF vd war, (i) rut, conmobun, visurde, sitke UF IoLAUL Ly Lersu's Olle Han be Contractors Personnel and ottier employees of the Contractor and Sub- contractors, liv) munitions of war, explosive materials, nsing radiation or contamination by radio-acuuly, excepi as may De allrbutabe to the Contractors use ot such munitions. explosives. radiston or redio-actwity. anc uy) natural catasitopnes sucn as eartnquake. numcane. typhoon or voicanc actu, It a Party © oF vil bo provonted trom performing any of ts obligations unde the Coniract by Force Majeure, then i stall gve notice to the other Party of the event or Ccrcumstances constituting the Force Maeure and shal specty the oblgations, the performance of which is or wil be prevented. The notice shall be guen within 14 days ater the Party became awaro, o shouid have become aware, o! the raevant event or circumstance constituing Force Majeure. 193 Duty to Miniinise Delay nye Conseauences of Force Majeure 195 Fores Majeure Alfscting Subcontractor inatio Payment and Release ‘The Party shall, having given notice, be excused performance of such obligations for 80 long as such Force Maeure erevents it from performing them. Notwithstanding any othor provision of this Clause. Force Majaure shall nat aoply to ‘oblgations of other Party to make payments to the other Party under the Contract Each Party shail at all times use al reasonable enieavours to minimise any delay 0 ‘the partormance cf the Contract as a result of Forco Majouro, ‘AParty shall cive notice to the other Party when it ceases to be affected by the Force Maeure i the Contractor is orevented from verforming anv of his obfaations under the Contiact by Fore Maeure of which notice has been given under Sub-Cizuse 19.2 (Notce of Farce Majeure}. and suffers deay andior incurs Cost by reason ot such Force Mauro. the Contractor shall ba entitled subject to Sub-Ciause 20.1 (Contractor's Clans} to. (2) an evtencinn of time tor any sinh nelay if cremation 16 ar wil he relayed under Sub-Clause & 4 [Extension of Time for Completion). anc fo) the event or circumstance i¢ of the lend ceseniner in siin-pearagranns i) 10 (kh ‘of Sub-Clause 19.1 [Defrition of Force Majeure] and. 1 the case of sub: paragraphs (i) to (u). o2curs n the Country. payment of any such Cost Aitor roosiving the notice, the Enginesr shall eroosed in accordance with Sub Clouse 3.5 [Determnations| to agree or determing these matters, IF any Subcontractor is entitled undo: any contract or agreement rolating to the Worke 1c relef irom force majeure on terms adsitiona to or broader than those cpectfiad in this Cleuse. such aciitionel or broader force majeure events or circumstances shall ot excuse the Contractors non-pertormance or enile him 10 relef Under ths Clause. Iie exevuliv 1 subslariidly al the Works in progress is prevented for a contirugus petiod of 84 days by reason of Force Majeure of which notice has bgen given under Sule Clause 19.2 [Nutex of Furce Megenne), ur (ar uliske periods whith (lal wore thet 140 days ave to the came natfied Force Majoutc, then othor Party may gue to the other Party a noice of termination of the Corarect. i this event, the terns Shell she effect 7 days aller the novoe S gven, and the Contractor shal proosed in accordance sth Sun-Llause 10.3 [LeSSanON OF ¥vOrK ana Hemova cr Lontactars Equipment) Upon such termination, tne Engineer shal aotermine tne value of Ine work gone and issue a Payment Certificate which shal include: (a) the amounts payable for any work camed cut for which a pnce is stated in the Contract; (e) the Cost of Plant and Materials ordered for the Works winch have been delvered to the Contractor, or of which the Contractor is jiabie to accopt delvery: this Pant ard Materia shell become the property of (and be at the risk off the Employer whon pad for by the Emoioyer, and the Contractor shall place the same at the Employer's disposal (6) any other Cost oF lability which in tho crcumstances was reasonably incurred boy the Contractor in the excectation of complating the Works; 57

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