民用工程承包契約書(附英文譯本)

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.