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Download Tender Document - High Commission of India, Colombo

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MEASURED PRICE CONSTRUCTION CONTRACT<br />

General Conditions<br />

Operational excellence for results that matter<br />

Clause 4.14. The Contractor shall be given, on request, copies <strong>of</strong> any<br />

agreement relating to such matters.<br />

(d)<br />

The Contractor shall defend, indemnify and hold the Employer harmless<br />

against and from all damages, losses and expenses (including legal fees and<br />

expenses) resulting from any such unnecessary or improper interference. In<br />

defending the Employer, the Contractor shall not enter into a<br />

settlement agreement without the prior written approval <strong>of</strong> the<br />

Employer.<br />

4.15 Access Route<br />

Access Route<br />

(a)<br />

(b)<br />

The Contractor shall be deemed to have been satisfied as to the suitability,<br />

security, and availability <strong>of</strong> access routes to the Site (including marine and air<br />

access (if any)) and the accessibility <strong>of</strong> such access routes for the<br />

Contractor’s Personnel. The Contractor shall use its best endeavours, acting<br />

in accordance with Industry Best Practice, to prevent any road, rail, bridge or<br />

marine access from being damaged by the Contractor's traffic or by the<br />

Contractor's Personnel. These endeavours shall include the proper use <strong>of</strong><br />

appropriate vehicles and routes. If any structure, road surface or any other<br />

property is damaged by the carrying out <strong>of</strong> the Works then the Contractor<br />

shall rectify such damage at its own cost.<br />

Unless otherwise stated in the Contract:<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

(vi)<br />

the Contractor shall (as between the Parties) be responsible for any<br />

maintenance which may be required for its use <strong>of</strong> access routes;<br />

the Contractor shall be responsible for its own security which may be<br />

required for its use <strong>of</strong> access routes;<br />

the Contractor shall provide all necessary signs or directions along<br />

access routes, and shall obtain any permission which may be<br />

required from the relevant authorities for its use <strong>of</strong> routes, signs and<br />

directions;<br />

the Employer shall not be responsible for any claims which may arise<br />

from the use or otherwise <strong>of</strong> any access route;<br />

the Employer does not guarantee the suitability, security or availability<br />

<strong>of</strong> particular access routes; and<br />

all costs due to non-suitability or non-availability, for the use required<br />

by the Contractor, <strong>of</strong> access routes shall be borne by the Contractor.<br />

4.16 Transport <strong>of</strong> Goods<br />

Transport <strong>of</strong> Goods<br />

Unless otherwise stated in the Contract:<br />

© UNOPS 2011 42

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