Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
(s)
(t)
(u)
(v)
(w)
(x)
(y)
In handling a claim with an insurer, the Contractor shall keep the Employer
fully informed and seek the co-operation of the Employer and its professional
advisors.
The insurances required in Sub-Clauses 18.1(a) and 18.1(b) shall be primary
to and not in excess to (except in respect of any layers of third party cover
effected specifically for the Works) or contributing with any other insurance
maintained by any insured.
Neither failure to comply nor full compliance with the insurance provisions of
the Contract shall limit or relieve the Contractor of its liabilities and obligations
under the Contract. Any amounts not insured or not recovered from the
insurers shall be borne by the Contractor and/or the Employer in accordance
with these obligations, liabilities or responsibilities.
The insurances required in Sub-Clause 18.1(b) shall be procured with
insurers, and in terms, approved in writing by the Employer. Such approval
shall not be unreasonably withheld or delayed by the Employer.
The Contractor shall be responsible under any of the insurance policies
required in Sub-Clause 18.1(a) for any deductible, fees and other costs or
failure to recover in whole or part, in which case the Contractor shall
indemnify the Employer in respect of such deductible, fees and other costs or
failure to recover.
Any comment, review or approval by the Employer or the Employer's
Representative under this Sub-Clause 18.1 shall not relieve the Contractor
from any of its warranties, obligations or liabilities under or in connection with
this Clause 18 or otherwise under the Contract. The Contractor will be
deemed to have undertaken its own analysis of the suitability, enforceability
and adequacy of all insurance policies procured under Sub-Clause 18.1. The
Contractor acknowledges and agrees that neither the Employer nor the
Employer's Representative will be liable to the Contractor arising out of or in
connection with any comment, review or approval given by them under this
Sub-Clause 18.1.
The obligations in this Sub-Clause 18.1 shall survive the completion,
termination or expiry of the Contract.
19. FORCE MAJEURE
19.1 Definition of Force Majeure
Definition of Force Majeure
(a)
In this Clause 19, Force Majeure means an exceptional event or
circumstance:
(i)
which is beyond a Party's control;
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