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Facilities in parts, until the date of Completion of the relevant part, and shall makegood at its own cost any loss or damage that may occur to the Facilities or therelevant part thereof from any cause whatsoever during such period. The Contractorshall also be responsible for any loss or damage to the Facilities caused by theContractor or its Subcontractors in the course of any work carried out, pursuant toCC Clause 27 (Defect Liability). Notwithstanding the foregoing, the Contractor shallnot be liable for any loss or damage to the Facilities or that part thereof caused byreason of any of the matters specified or referred to in paragraphs (a), (b) and (c) ofCC Sub Clauses 32.2 and 38.1.32.2 If any loss or damage occurs to the Facilities or any part thereof or to theContractor's temporary facilities by reason of(a) (insofar as they relate to the country where the Site is located) nuclear reaction,nuclear radiation, radioactive contamination, pressure wave caused by aircraft orother aerial objects, or any other occurrences that an experienced contractorcould not reasonably foresee, or if reasonably foreseeable could not reasonablymake provision for or insure against, insofar as such risks are not normallyinsurable on the insurance market and are mentioned in the general exclusions ofthe policy of insurance, including War Risks and Political Risks, taken out underCC Clause 34 (Insurance) hereof(b) any use or occupation by the Employer or any third party (other than aSubcontractor) authorized by the Employer of any part of the Facilities(c) any use of or reliance upon any design, data or specification provided ordesignated by or on behalf of the Employer, or any such matter for which theContractor has disclaimed responsibility herein, The Employer shall pay to theContractor all sums payable in respect of the Facilities executed,notwithstanding that the same be lost, destroyed or damaged, and will pay to theContractor the replacement value of all temporary facilities and all parts thereoflost, destroyed or damaged. If the Employer requests the Contractor in writing tomake good any loss or damage to the Facilities thereby occasioned, theContractor shall make good the same at the cost of the Employer in accordancewith CC Clause 39 (Change in the Facilities). If the Employer does not requestthe Contractor in writing to make good any loss or damage to the Facilitiesthereby occasioned, the Employer shall either request a change in accordancewith CC Clause 39 (Change in the Facilities), excluding the performance of thatpart of the Facilities thereby lost, destroyed or damaged, or, where the loss ordamage affects a substantial part of the Facilities, the Employer shall terminatethe Contract pursuant to CC Sub Clause 42.1 (Termination for Employer'sConvenience) hereof, except that the Contractor shall have no entitlement toprofit under paragraph (e) of CC Sub Clause 42.1.3 in respect of any unexecutedFacilities as at the date of termination.32.3 The Contractor shall be liable for any loss of or damage to any Contractor'sEquipment, or any other property of the Contractor used or intended to be used forpurposes of the Facilities, except (i) as mentioned in CC Sub-Clause 32.2 (withrespect to the Contractor's temporary facilities), and (ii) where such loss or damagearises by reason of any of the matters specified in CC Sub-Clauses 32.2 (b) and (c)and 38.1.…………………………………………………………………………………………………..Section – III (CC) Page 42 of 61