Definitions: "Excepted Risks" means (a) war, hostilities (whether war be declared or not) invasion, act of foreign enemies

(b) rebellion, terrorism, revolution, insurrection. military or usurped power, or civil war, within the Country of Contract performance (c) riot, commotion or disorder within the Country of Contract performance by persons other than the Contractor's personnel and other employees or those it is contractually responsible for, or any Subcontractor (d) munitions of war, explosives, radiation or contamination by radio-activity, within the Country of Contract performance, except as may be attributable to the Contractor's use of such munitions, explosives, radiation or radio- activity and (e) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds. "Project Insurance" means the insurance policies to be purchased and maintained in force by the Employer, in respect of risks set out in the Schedule [Insurances]. "Uninsurable" means in relation to a risk, either that insurance is not available in the insurance market in respect of that risk or that the insurance premium payable or terms and conditions for insuring that risk are such that the risk is not generally being insured against by skilled contractors engaged in the type, extent of projects comparable to the Project in the insurance market. Contract provisions: The Contractor acknowledges that the Employer has supplied the Contractor with copies of the Project Documents. The Contractor shall be deemed to have full and actual knowledge of any Project Documents (including, on receipt of notice thereof, any modification, variation, addition, consolidations or amendment thereof) and on receipt thereof, any other contracts that may hereafter be entered into by the Employer in connection with the Project and of the obligations, risks, liabilities assumed by the Employer thereunder. The Contractor shall, in accordance with the terms of the Contract, perform and assume as part of its obligations under the Contract, the Employer's obligations, risks and liabilities referred to in the latter Clause Project Documents insofar as the same relate to the design and Execution of the Works. The Contractor shall use all reasonable endeavours to remain faithful to the Deployment Schedule but where amendments are necessitated by circumstances beyond the control of the Contractor, substitutions, subject to the approval of the Employer's Representative, may be made with employees of an equivalent or higher level of experience and expertise so as to minimise the risk of any detrimental impact on the Project. Works Delay Events: Subject to the Clause [Contractor's notice of event likely to cause delay] Clause [Procedure for Claims] Clause [Conditions Precedent to Extensions of Time] and Clause [Equivalent Project Relief], the Contractor will be entitled to an extension of any Time for Completion if and to the extent that Completion is or will be delayed by the following causes: the Contractor not being given access to the Project Site or any part thereof in accordance with Clause [The Project Site]; or a Change instructed under Clause [Changes] other than where such Change is instructed as a consequence of any default or breach of the Contract by the Contractor;

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or any default, breach or prevention by the Employer; the Contractor rectifying any loss or damage in accordance with Clause [Loss or Damage due to Excepted Risks]; or the Contractor suspending work in accordance with Clause [Suspension of the Works];

an occurrence of event of Force Majeure such that Clause [Performance obligations] applies. The Contractor shall not be entitled to any additional payment or any extension of time on the ground of any misunderstanding or misapprehension in respect of the matters referred to in this Clause [Condition of the Project Site] or on the ground that incorrect or insufficient information was given to it by any person, whether or not in the employ of the Employer, the Employer's Representative, the Engineer, or any Relevant Authority. Further the Contractor shall not be relieved from any liability, risk or obligation imposed on or undertaken by it under or in relation to the Contract on any such ground or on the ground that it did not or could not foresee any matter which may in fact affect or have affected the design and Execution of the Works. The Contractor shall bear full risk in and take full responsibility for the care of the Works and Equipment from the date of issue of the Notice to Proceed until fourteen (14) days after the date of issue of the Works Completion Certificate, when such responsibility for the care of the Works and Equipment shall pass to the Employer as instructed to the Contractor by the Employer's Representative. Provided that: if the Enginerr/Employer's Representative issues a Completion Certificate for part of the Works the Contractor shall cease to be liable for the care of that part fourteen (14) days afler the date of issue of the Partial Completion Certificate, whereupon the responsibility for the care of that part shall pass to the Employer; and the Contractor Shall take full responsibility for (i) the care of any outstanding Works and Equipment for incorporation therein which it undertakes to finish during the Defects Rectification Period until such outstanding Works have been completed pursuant to the Contract and for (ii) the care of the Works or any part thereof which may require repair or remedy during the Defects Rectification Period and Latent Defects Rectification Period and for any part of the Works affected thereby, for the period that such Works are under repair or remedy by the Contractor. Responsibility to rectify loss or damage If any loss or damage happens or occurs to the Works or any part thereof, or to any Equipment during the period for which the Contractor is responsible for their care in accordance with Clause [Contractor to fake full responsibility for care of the Works] from any cause whatsoever, other than Excepted Risks, the Contractor shall rectify the loss or damage at the Contractor's risk and cost, so that the Works and Equipment conform in every respect with the provisions of the Contract and are to the satisfaction of the Employer's Representative. For the avoidance of doubt and without limiting the Contractor's liability under the remainder of the Contract, the Contractor shall also be liable for any loss or damage to the Works: which occurs after the Works Completion Certificate has been issued and which arose from a previous event for which the Contractor was liable; or occasioned by the Contractor in the course of any operations carried out by it for the purpose of complying with any of its obligations under Clause [Rectification of Defects].

In the event of any loss or damage happening or occurring to the Works or any part thereof from any of the Excepted Risks, the Contractor shall promptly give notice to the Engineer/Employer's Representative and shall, if and to the extent required by the Engineer/Employer's Representative, rectify the loss or damage. If the Contractor suffers delay or incurs Cost from rectifying this loss or damage, the Contractor shall give a further notice to the Employer's Representative and shall be entitled, subject to Clause [Procedure for Claims] to payment of any such Cost. The Engineer/Employer's Representative shall consult with the Contractor in an endeavour to reach agreement on the payment of any such Cost. If agreement is not achieved, the Engineer/Employer's Representative shall make a fair determination in accordance with the Contract, taking due regard of all relevant circumstances. Equipment in which property has passed to the Employer shall be in the care and possession of the Contractor solely for the purposes of the Works and shall not be within the ownership or disposition of the Contractor. Notwithstanding the ownership of the Equipment in accordance with Clause [Passing of property] the responsibility for care and custody together with the risk of loss or damage of such Equipment remains with the Contractor pursuant to Clause 25.1 [Contractor to take full responsibility for care of the Works]. If during the Design and Execution Period, any risk that has been previously insured becomes Uninsurable neither the Employer nor the Contractor shall be considered to be in breach of its obligations regarding insurance under the Contract.