Mustafa USALAN

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mustafa@usalan.net

The Employer shall indemnify and hold harmless the Contractor, the Contractor’s
Personnel, and their respective agents, against and from all claims, damages, losses
and expenses (including legal fees and expenses) in respect of (1) bodily injury,
sickness, disease or death, which is 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 (2) the matters for which liability may be excluded from insurance cover,
as described in sub-paragraphs (d)(i), (ii) and (iii) of Sub-Clause 18.3 [Insurance
Against Injury to Persons and Damage to Property].

17.2
Licensed copy: scottwilson, Scott Wilson Holdings, 20/01/2010, Uncontrolled Copy, ®FIDIC

Contractor’s Care The Contractor shall take full responsibility for the care of the Works and Goods from
of the Works the Commencement Date until the Taking-Over Certificate is issued (or is deemed to
be issued under Sub-Clause 10.1 [Taking Over of the Works and Sections]) for the
Works, when responsibility for the care of the Works shall pass to the Employer. If a
Taking-Over Certificate is issued (or is so deemed to be issued) for any Section or part
of the Works, responsibility for the care of the Section or part shall then pass to the
Employer.

After responsibility has accordingly passed to the Employer, the Contractor shall take
responsibility for the care of any work which is outstanding on the date stated in a
Taking-Over Certificate, until this outstanding work has been completed.

If any loss or damage happens to the Works, Goods or Contractor’s Documents

during the period when the Contractor is responsible for their care, from any cause
not listed in Sub-Clause 17.3 [Employer’s Risks], the Contractor shall rectify the loss
or damage at the Contractor’s risk and cost, so that the Works, Goods and
Contractor’s Documents conform with the Contract.

The Contractor shall be liable for any loss or damage caused by any actions
performed by the Contractor after a Taking-Over Certificate has been issued. The
Contractor shall also be liable for any loss or damage which occurs after a Taking-
Over Certificate has been issued and which arose from a previous event for which the
Contractor was liable.

17.3
Employer’s Risks The risks referred to in Sub-Clause 17.4 below are:

(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,
(c) riot, commotion or disorder within the Country by persons other than the
Contractor’s Personnel and other employees of the Contractor and
Subcontractors,
(d) munitions of war, explosive materials, ionising radiation or contamination by
radio-activity, within the Country, except as may be attributable to the
Contractor’s use of such munitions, explosives, radiation or radio-activity,
(e) pressure waves caused by aircraft or other aerial devices travelling at sonic or
supersonic speeds,
(f) use or occupation by the Employer of any part of the Permanent Works, except
as may be specified in the Contract,
(g) design of any part of the Works by the Employer’s Personnel or by others for
whom the Employer is responsible, and
(h) any operation of the forces of nature which is Unforeseeable or against which
an experienced contractor could not reasonably have been expected to have
taken adequate preventative precautions.
General Conditions 51