|
3.This warranty is given subject to the Owner storing， operating and maintaining the Plant in accordance with the Contractor''s instructions and specified operating parameters and may be nullified in the event of the Owner attempting rectification work without the Contractor''s agreement.
4.This warranty does not include items which fail due to natural wear and tear， or consumables or similar items whose natural life is （_________） months or less.
5.If pursuant to the above warranty the Contractor repairs or replaces any equipment， materials or workmanship， the provisions of this Article shall them apply to said repaired or replaced equipment， materials or workmanship for a period of one year from the date such repairs or replacements are completed.
Article 15- Patent Rights and Royalties
1.The Contractor shall fully indemnify the Owner against all actions， claims， demands， costs， charges and expenses arising from or incurred by reason of any infringement of patents， design or copyright of third parties by the use of the Plant supplied by the Contractor.
2.The Contractor shall also be responsible for the payment to third parties of all fees， royalties and other charges， if and， that may be payable under the terms of any license or permission in respect of any design of the Works provided by the Contractor， the manufactured and supply of the Plant and any work done or method employed in the construction of the Works. However， the Owner shall be responsible for the payment to third parties of all fees， royalties and other charges， if any， that may be payable under the terms of any license or permission in respect of the operation or use of the Plant or any part thereof.
Article 16- Suspension
1.The Owner shall have the right to instruct the Contractor to suspend any part or the whole of the Works at any time upon giving written notice to the Contractor provided that any period of suspension exceeding （_________） days shall be treated as termination under Article （_________）。
2.If the Owner fails to make any payment to the Contractor under this Contract within （_________） days of the due date， or if the Contractor is otherwise interrupted or delayed in the performance of the Works due to the Owner''s contractual default， the Contractor shall be entitled to suspend performance of this Contract.
3.In the event of suspension of the Works in accordance with this Article the Contractor shall be entitled to receive such reasonable additional payment as may be necessary to compensate for the additional costs arising out of such suspension， interruption or delay and such reasonable extension of time for performance of Contract.
Article 17- Termination
1.In the event of suspension in accordance with Article （_________） lasting for a period of more than （_________） days either party shall have the right to give notice to the other party of the immediate termination of this Contract.
2.The Owner may at any time by written order to the Contractor order the Contractor to cease further execution of the Works， and the Contractor shall upon receipt of a termination order， cease all further work on the Site other than such work thereon as the Engineer may instruct for the purpose of protecting， making safe or tidying up such parts of the works as may already have been executed or be in course of erection. The Contractor shall， as soon as practicable after receipt of the termination order， also cease all such further work as is being done off the Site in the performance of this Contract.
3.Upon termination of this Contract under this Article and under Article （_________）， the Contractor shall be entitled to be paid：
（1）that part of the Contract price which is proportionate to engineering and services carried out， and
|
