Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
(ii)
inspect during ordinary business hours such original policies of
insurances.
(m)
(n)
(o)
(p)
Renewal certificates in relation to such insurances shall be obtained as and
when necessary and copies thereof (certified in a manner acceptable to the
other Party) shall be forwarded to the other Party as soon as possible but in
any event at least 28 days before the renewal date.
If the Contractor fails to procure or maintain at all times any of the insurances
required under this Sub-Clause 18.1, or fails to provide satisfactory evidence
and copies of policies in accordance with this Sub-Clause 18.1, the Employer
may, at its option and without prejudice to any other right or remedy, after
having notified the Contractor in writing, pay any premiums or take any such
other steps as may be required to procure or maintain such insurance in force
at the expense of the Contractor.
Subject to Sub-Clauses 18.1(p), (q), (r) and (s), the Employer shall be
responsible for handling any claims under the Employer Insurances and the
Contractor shall be responsible for handling any claims under the Contractor
Insurances.
The Contractor will give the Employer, and the insurer (as may be required by
the applicable insurance) written notice immediately upon:
(i)
(ii)
the occurrence of any loss which will or may exceed the deductible on
a Contractor Insurance policy; and
becoming aware of any circumstances which might give rise to a loss
which will exceed the deductible of the applicable insurance.
(q)
(r)
Any notice given by the Contractor will include full details of the nature of the
loss or the circumstances which may give rise to the loss, its amount and the
steps that have been taken, or will be taken in respect of such loss or
circumstances subject to the insurer’s consent (as may be required under the
applicable insurance). The Contractor will keep the Employer fully informed
in respect of any material developments as soon as they occur.
The Contractor shall not, without obtaining the prior written consent of the
Employer, and the insurer (as may be required under the applicable
insurance):
(i)
(ii)
(iii)
(iv)
make any admission of liability to a third party;
enter into any negotiation to settle or compromise a claim under a
Contractor Insurance;
enter into a settlement or compromise a claim on the Contractor
Insurances; or
commence litigation or arbitration proceedings.
© UNOPS 2011 113