(a)the Works for the time being executed to the estimated current contract value thereof or such additional sum as may be specified together with the materials for incorporation in the Works at their replacement value;
(b)the Constructional Plant and other things brought on to the Site by the Contractor to the replacement value of such Constructional Plant and other things.
Such insurance shall be effected with an insurer and in terms approved by the Employer ,which approval shall not be unreasonably withheld, and the Contractor shall, whenever required, pro - duce to the Employer the policy or policies of insurance and the receipts for payment of the current premiums.
10 Damage to Persons and Property
The Contractor shall, except if and so far as the Contract provides otherwise , indemnify the Employer against all losses and claims in respect of injuries or damage to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenace of the Works and against all claims, proceedings, damages, costs,charges and expenses, whatsoever in respect of or in relation thereto except any compensation or damages for or with respect to:
(a)the permanent use or occupation of land by the Works or any part thereof;
(b)the right of the Employer to execute the Works or any part thereof on, over, under, in or through any land;
(c)injuries or damage to persons or property which are the unavoidable result of the execution or maintenance of the Works in accordance with the Contract.
11 Third Party Insurance
Before commencing the execution of the Works the Contractor, but without limiting his obligations and responsibilities under 10 thereof, shall insure against his liability for any material or physical damage, loss or injury which may occur to any property, including that of the Employer, or to any person, including any employee of the Employer, by or arising out of the execution of the Works or in the carrying out of the Contract, otherwise than due to the matters referred to in the provision to 10 hereof.
Such insurance shall be effected with an insurer and in terms approved by the Employer ,which approval shall not be unreasonably withheld, and for at least the amount of I.
The Contractor shall, whenever required, produce the policy or policies of insurance and the receipts for payment of the current premiums.
The terms shall include a provision whereby, in the event of any claim in respect of which the Contractor would be entitled to receive indemnity under the policy being brought or made against the Employer, the insurer will indemnify the Employer against such claims and any costs, charge, and expenses in respect thereof.
12 Accident of Injury to Workmen
The Employer shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workman or other person in the employment of the Contractor or any subcontractor, save and except an accident or injury resulting from any act or default of the Employer, his agents, pr servants. The Contractor shall indemnify and keep indemnified the Employer against all suchdamages and compensation, save and except as aforesaid, and a-gainst all claims, proceedings, costs, charges and expenses what - soever in respect thereof or in relation thereto.
The Contractor shall insure against such liability with an in- surer approved by the Employer, which approval shall not be un - reasonably withheld,and shall continue such insurance during thewhole of the time that any persons are employed by him on theWorks and shall, when required, produce such policy of insurance and the receipt for payment of the current premiums.Provided always that, in respect of any persons employed by any subcontrac - tor, the Contractor'' s obligation to insure as aforesaid under this subshall be satisfied if the subcontractor shall have in - sured against the liability in respect of such persons in such manner that the Employer is indemnified under the policy, but the Contractor shall require, such sub - contractor to produce, when required, such policy of insurance and the receipt for the payment of the current premium.
13 Remedy on Contractor''s Failure to Insure
If the Contractor shall fail to effect and keep in force the in - surances referred to in Clauses 9, 11 and 12 hereof, or any other insurance which he may be required to effect under the terms of the Contract, then and in any such case the Employer may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time deduct the amount so paid by the Employer as aforesaid from any monies due or which may become due to the Contrac - tor, or recover the same as a debt due from the Contractor.
14 Compliance with Statutes and Regulations, etc.
The Contractor shall give all notices and pay all fees re - quired to be given or paid by any National or State Statute, Ordi - nance, or other Law, or any regulation, or bylaw of any local or other duly constituted authority in relation to the execution of the Works and by the rules and regulations or all public bodies and Companies whose property or rights are affected or may be affected in any way by the Works.
The Contractor shall conform in all respects with the provi - sions of any such Statute, Ordinance of Law as aforesaid and the regulations or bylaws of any local or other duly constituted authority which may be applicable to the Works and with suchrules and regulations of public bodies and companies as aforesaid and shall keep the Employer indemnified against all penalties and liability of every kind for breach of any such Statute, Ordinance or Law, Regulation or Bylaw.
The Employer will repay or allow to the Contractor all such sums as have been properly payable and paid by the Contractor in respect of such fees.
15 Access to Other Contractors
The Contractor shall afford all reasonable opportunities for carrying out their work to any other contractors employed by the Employer and their workmen and to the workmen of the Employ - er and of any other duly constituted authorities who may be employed in the execution on or near the Site of an work not includ - ed in the Contract or of any contract which the Employer may en - ter into in connection with or ancillary to the Works.
16 Contractor to Keep Site Clean
During the progress of the Works the Contractor shall keep the Site reasonably free from all unneccessary obstruction and shall store for dispose of any Constructional Plant and surplus materials and clear away and remove from the Site any wreck - age, rubbish or Temporary Works no longer required.
On the completion of the Works the Contractor shall clear away and remove from the Site all Constructional Plant, surplus materials, rubbish and Temporary Works of every kind, and leave the whole of the Site and Works clean in a workmanlike condition to the satisfaction of the Employer.
17 Labor
The Contractor shall make his own arrangements for the engagement of all labor, local or otherwise, and, save insofar as theContract otherwise provides, for the transport, housing, feedingand payment thereof.
The Contractor shall, so far as is reasonably practicable, having regard to local conditions ,provide on the Site , to the satis - faction of the Employer , an adequate supply of drinking and other water for the use of Contractor''s staff and work people.
The Contractor shall not, otherwise than in accordance with the Statutes, Ordinances and Government Regulations or Orders for the time being in force, import, sell, give, barter or otherwise dispose of any alcoholic liquor, or drugs, or permit or suffer anysuch importation, sale, gift, barter or disposal by his sub - contrac - tors, agents or employer.
The Contractor shall not give, barter or otherwise dispose of to any person or persons, any arms or ammunition of any kind or permit or suffer the same as aforesaid.
The Contractor shall in all dealings with labor in his em - ployment have due regard to all recognized festivals, days of rest and religious or other customs.
In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply with and carry out such regulations, orders and requirements as may be made by the Government, or the local medical or sanitary authorities for the purpose of dealing with and overcoming the same.
The Contractor shall at all times take all reasonable precautions to prevent any unlawful, malicious or disorderly conduct by or amongst his employees and for the preservation of peace and protection of persons and property in the neighborhood of theWorks against the same.
18 Materials and Workmanship
All materials and workmanship shall be of the respective kinds described in the Contract and in accordance with the Employer''s instructions and shall be subjected from time to time to such tests as the Employer may direct at the place of manufac - ture or fabrication, or on the Site or at such other place or places as may be specified in the Contract, or at all or any of such places The Contractor shall provide such assistance, instruments, machines, labor and materials as are normally required for examining, measuring and testing any work and the quality, weight or quantity of any material used and shall supply samples of materials before incorporation in the Works for testing as may be selected and required by the Employer.
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