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Bid Document for Hawkers Rehab Centre in Digha.pdf - Integrated ...

Bid Document for Hawkers Rehab Centre in Digha.pdf - Integrated ...

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10. Employer’s and Contractor's Risks10.1 The Employer carries the risks which this Contract states are Employer’s risks, and the Contractorcarries the risks which this Contract states are Contractor’s risks.11. Employer's Risks11.1 The Employer is responsible <strong>for</strong> the excepted risks which are (a) <strong>in</strong> so far as they directly affect theexecution of the Works <strong>in</strong> the Employer’s country, the risks of war, hostilities, <strong>in</strong>vasion, act of <strong>for</strong>eignenemies, rebellion, revolution, <strong>in</strong>surrection or military or usurped power, civil war, riot commotion ordisorder (unless restricted to the Contractor’s employees), and contam<strong>in</strong>ation from any nuclear fuel ornuclear waste or radioactive toxic explosive, or (b) a cause due solely to the design of the Works, otherthan the Contractor’s design.12. Contractor’s Risks12.1 All risks of loss of or damage to physical property and of personal <strong>in</strong>jury and death which arise dur<strong>in</strong>gand <strong>in</strong> consequence of the per<strong>for</strong>mance of the Contract other than the excepted risks are theresponsibility of the Contractor.13. Insurance13.1 The Contractor shall provide, <strong>in</strong> the jo<strong>in</strong>t names of the Employer and the Contractor, <strong>in</strong>surance coverfrom the Start Date to the end of the Defects Liability Period, <strong>in</strong> the amounts and deductibles stated <strong>in</strong>the Contract Data <strong>for</strong> the follow<strong>in</strong>g events which are due to the Contractor’s risks:(a)(b)(c)(d)loss of or damage to the Works, Plant and Materials;loss of or damage to Equipment;loss of or damage of property (except the Works, Plant, Materials and Equipment) <strong>in</strong> connectionwith the Contract; andpersonal <strong>in</strong>jury or death.13.2 Policies and certificates <strong>for</strong> <strong>in</strong>surance shall be delivered by the Contractor to the Eng<strong>in</strong>eer-<strong>in</strong>-charge <strong>for</strong>the Eng<strong>in</strong>eer’s approval be<strong>for</strong>e the Start Date. All such <strong>in</strong>surance shall provide <strong>for</strong> compensation to bepayable <strong>in</strong> the types and proportions of currencies required to rectify the loss or damage <strong>in</strong>curred.13.3 If the Contractor does not provide any of the policies and certificates required, the Employer may effectthe <strong>in</strong>surance which the Contractor should have provided and recover the premiums the Employer haspaid from payments otherwise due to the Contractor or, if no payment is due, the payment of thepremiums shall be a debt due.13.4 Alterations to the terms of an <strong>in</strong>surance shall not be made without the approval of the Eng<strong>in</strong>eer-<strong>in</strong>charge.13.5 Both parties shall comply with any conditions of the <strong>in</strong>surance policies.14. Site Investigation Reports14.1 The Contractor, <strong>in</strong> prepar<strong>in</strong>g the <strong>Bid</strong>, shall rely on any site Investigation Reports referred to <strong>in</strong> theContract Data, supplemented by any <strong>in</strong><strong>for</strong>mation available to the <strong>Bid</strong>der.15. Queries about the Contract Data15.1 The Eng<strong>in</strong>eer-<strong>in</strong>-charge will clarify queries on the Contract Data.39

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