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The Employer shall retain 10% of each monthly progress payment as retention money. In case the retention money is de - ducted for a period altogether more than 6 months， the Contractor has the option to furnish a bank guarantee issued by a focal bank acceptable to the Employer and in the form required by the Employer in exchange for retention money which has accumulated for aperiod of at least 6 months.
The Employer will release the retention money and/or bank guarantee to the Contractor upon completion of the work under this Contract.
The Contractor shall pay to all workmen employed by him， wages at the rate and on the schedule agreed upon. In case of failure of payment of wages to the workmen， the Employer shall make direct payments to the Contractor''s workmen and shall treat such payments as those by the Contractor.
34.Remedies and Powers on Default by Contractor
If the Contractor shall become bankrupt， or have a receiving order made against him， or shall present his petition in bankrupt - cy， or shall make an arrangement with or assignment in favor of his creditors， or shall agree to carry out the Contract under a committee of inspection of his creditors or， being a corporation，shall go into liquidation （other than a voluntary liquidation for the purposes of amalgamation or reconstruction）， or if the Con- tractor shall assign the Contract， without the consent in writingof the Employer first obtained， or shall have an execution leviedon his goods， or if in his opinion the Contractor：
（a）has abandoned the Contract； or
（b）without reasonable excuse has failed to commence theWorks or has suspended the progress of the Works for twenty - eight days after receiving from the Employer written notice toproceed； or
（c）has failed to remove materials from the Site or.to pull down and replace work for twentyeight days after receiving from the Employer written notice that the said materials or work had been condemned and rejected by the Employer under these conditions； or
（d）despite previous warnings by the Employer， in writing，is not executing the Works in accordance with the Contract， or is persistently or fragrantly neglecting to carry out his obligations under the Contract； or
（e）has ，to the detriment of good workmanship，or in defianceof the Employer''s instructions to the contrary， sub- let any part of the Contract；
then the Employer may， after giving fourteen day''s notice in writing to the Contractor， enter upon the Site and the Works and expel the Contractor therefrom without thereby voiding the Contract， or releasing the Contractor from any of his obligations or liabilities under the Contract， or affecting the rights and powers conferred on the Employer by the Contract， and may himself complete the works or may employ any other contractor to complete the Works.The Employer or such other contractor may use for such completion so much of the Constructional Plant， Temporary Works and materials， which have been deemed to be re - served exclusively for the execution of the Works， under the pro - visions of the Contract， as he or they may think proper， and the Employer may， at any time， sell any of the said Constructional Plant Temporary Works and unused materials and the proceeds of sale in or towards the satisfaction of any sums due or which may become due to him from the Contractor under the Contract.
The Employer shall， as soon as may be practicable after any such entry and expulsion by the Employer， fix and determine exparte， or by or after reference to the parties， or after such investigation or enquiries as he may think fit to make or institute， and shall certify what amount， if any， had at the time of such entry and expulsion been reasonably earned by or would reasonably accrue to the Contractor in respect of work then actually done by him trader the Contract and the value of any of the said unused or partially used materials， any Constructional Plant and any Temporary Works.
If the Employer shall enter and expel the Contractor under this Clause， he shall not be liable to pay to the Contractor any money on account of the Contract until the expiration of the Period of Maintenance and thereafter until the costs of execution and maintenance， damages for delay in completion， if any， and all other expenses incurred by the Employer have been ascertained.The Contractor shall then be entitled to receive only such sum or sums， if any， as would have been payable to him upon due.
35 Special Risks
Notwithstanding anything in the Contract contained：
（1） The Contractor shall be under no liability whatsoever whether by way of indemnity or otherwise for or in respect of de - struction of or damage to the Works， save to work condemned under the provisions of 20 hereof prior to the occurrence of any special risk hereinafter mentioned， or to property whether of the Employer or third parties， or for or in respect of injury or loss of life which is the consequence of any special risk as here - inafter defined.The Employer shall indemnify and save harmless the Contractor against and from the same and against and from all claims， proceedings， damages， costs， charges and expenses what- soever arising there out or in connection therewith.
（2） If the works or any materials on or near or in transit to the Site ，or any other Property of the Contractor used or intended to be sued for the purposes of the Works， shall sustain destruction or damage by reason of any of the said special risks the Con - tractor shall be entitled to payment for.
（a）any permanent work and for any materials so destroyed or damaged， and so far as may be necessary for the completion of the Works， on the basis of cost plus such profit as the Employer may certify to be reasonable；
（b）replacing or making good any such destruction or dam- age to the Works；
（c）replacing or making good such materials or other proper - ty of the Contractor used or intended to be used for the purposes of the Works.
（3） the Employer shall repay to the Contractor any increased cost of or incidental to the execution of the Works， other than such as may be attributable to the cost of reconstructing work condemned under the provisions of 20 hereof， which is howsoever attributable to or consequent on or the result of or in any way whatsoever connected with the said special risks， subject however to the provisions in this hereinafter contained in regard to outbreak of war， but the Contractor shall as soon as any such increase of cost shall come to his knowledge forthwith notify the Employer thereof in writing.
（4） The special risks are war （whether be declared or not），hostilities， invasion， act of foreign enemies， the nuclear and pres- surewave risk， or insofar as it relates to the country in which theWorks are being or are to be executed or maintained， rebellion ，revolution， insurrection， military or usurped power， civil war， or， unless solely restricted to the employees of the Contractor or of his Sub- contractors and arising from the conduct of the Works， riot， commotion or disorder.
（5） If， during the currency of the Contract， there shall be an outbreak of war， whether war is declared or not， in any part of the world which， whether financially or otherwise， materially affects the execution of the Works， the Contractor shall， unless and until the Contract is terminated under the provisions of this Clause， continue to use his best endeavours to complete the execution of the Works. Provided always that the Employer shall be entitled at any time after such outbreak of war to terminate the Contract by giving written notice to the Contractor and， upon such notice being given， this Contract shall， except as to the rights of the parties under this and to the operation of 37 hereof， terminate， but without prejudice to the rights of either party in respect of any antecedent breach thereof.
（6） If the Contract shall be terminated under the provisions of the last preceding sub- clause， the Contractor shall， with all reasonable despatch， remove from the site all Constructional Plant and shall give similar facilities to his Sub - Contractors to do so.
（7） If the Contract shall be terminated as aforesaid， the Con -tractor shall be paid by the Employer， insofar as such amounts or items shall not have already been covered by payments on account made to the Contractor， for all work executed prior to the date of termination at the rate and prices provided in the Contract and in addition：
（a）The amounts payable in respect of any preliminary items， so far as the work or service comprised therein has been carried out or performed， and a proper proportion as certified by the Employer of any such items， the work or service comprised in which has been partially carried out or performed.
（b）The cost of materials or goods reasonably ordered for the Works which shall have been delivered to the Contractor or of which the Contractor is legally liable to accept delivery， such materials or goods becoming the property of the Employer upon such payments being made by him.
（c）A sum being the amount of any expenditure reasonably incurred by the Contractor in the expectation or completing the whole of the Works insofar as such expenditure shall not have been covered by the payments in this sub - before men - tioned.
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