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benefit of his creditors, or if any act is done or event occurs which (under
applicable Laws) has a similar effect to any of these acts or events.
In any of these events or circumstances, the Contractor may, upon giving 14 days’
notice to the Employer, terminate the Contract. However, in the case of sub-
paragraph (f) or (g), the Contractor may by notice terminate the Contract immediately.
The Contractor’s election to terminate the Contract shall not prejudice any other rights
of the Contractor, under the Contract or otherwise.
Licensed copy: scottwilson, Scott Wilson Holdings, 20/01/2010, Uncontrolled Copy, ®FIDIC
16.3
Cessation of Work and After a notice of termination under Sub-Clause 15.5 [Employer’s Entitlement to
Removal of Contractor’s Termination], Sub-Clause 16.2 [Termination by Contractor] or Sub-Clause 19.6
Equipment [Optional Termination, Payment and Release] has taken effect, the Contractor shall
promptly:
(a) cease all further work, except for such work as may have been instructed by
the Engineer for the protection of life or property or for the safety of the Works,
(b) hand over Contractor’s Documents, Plant, Materials and other work, for which
the Contractor has received payment, and
(c) remove all other Goods from the Site, except as necessary for safety, and leave
the Site.
16.4
Payment on Termination After a notice of termination under Sub-Clause 16.2 [Termination by Contractor] has
taken effect, the Employer shall promptly:
(a) return the Performance Security to the Contractor,
(b) pay the Contractor in accordance with Sub-Clause 19.6 [Optional Termination,
Payment and Release], and
(c) pay to the Contractor the amount of any loss of profit or other loss or damage
sustained by the Contractor as a result of this termination.
17.1
17
Risk and Responsibility
Indemnities The Contractor shall indemnify and hold harmless the Employer, the Employer’s
Personnel, and their respective agents, against and from all claims, damages, losses
and expenses (including legal fees and expenses) in respect of:
(a) bodily injury, sickness, disease or death, of any person whatsoever arising out
of or in the course of or by reason of the Contractor’s design (if any), the
execution and completion of the Works and the remedying of any defects,
unless attributable to any negligence, wilful act or breach of the Contract by the
Employer, the Employer’s Personnel, or any of their respective agents, and
(b) damage to or loss of any property, real or personal (other than the Works), to
the extent that such damage or loss:
(i) arises out of or in the course of or by reason of the Contractor’s design
(if any), the execution and completion of the Works and the remedying of
any defects, and
(ii) is attributable to any negligence, wilful act or breach of the Contract by
the Contractor, the Contractor’s Personnel, their respective agents, or
anyone directly or indirectly employed by any of them.
50 Conditions of Contract for Construction