Mustafa USALAN
0 532 4712921
mustafa@usalan.net
Sub-Clause 16.4 [Payment on Termination] and Sub-Clause 17.1 [Indemnities].
The total liability of the Contractor to the Employer, under or in connection with the
Contract other than under Sub-Clause 4.19 [Electricity, Water and Gas], Sub-
Clause 4.20 [Employer’s Equipment and Free-Issue Material], Sub-Clause 17.1
[Indemnities] and Sub-Clause 17.5 [Intellectual and Industrial Property Rights], shall
not exceed the sum stated in the Particular Conditions or (if a sum is not so stated)
the Accepted Contract Amount.
This Sub-Clause shall not limit liability in any case of fraud, deliberate default or
Licensed copy: scottwilson, Scott Wilson Holdings, 20/01/2010, Uncontrolled Copy, ®FIDIC
reckless misconduct by the defaulting Party.
18.1
18
Insurance
General Requirements In this Clause, “insuring Party” means, for each type of insurance, the Party responsible
for Insurances for effecting and maintaining the insurance specified in the relevant Sub-Clause.
Wherever the Contractor is the insuring Party, each insurance shall be effected with
insurers and in terms approved by the Employer. These terms shall be consistent with
any terms agreed by both Parties before the date of the Letter of Acceptance. This
agreement of terms shall take precedence over the provisions of this Clause.
Wherever the Employer is the insuring Party, each insurance shall be effected with
insurers and in terms consistent with the details annexed to the Particular Conditions.
If a policy is required to indemnify joint insured, the cover shall apply separately to
each insured as though a separate policy had been issued for each of the joint
insured. If a policy indemnifies additional joint insured, namely in addition to the
insured specified in this Clause, (i) the Contractor shall act under the policy on behalf
of these additional joint insured except that the Employer shall act for Employer’s
Personnel, (ii) additional joint insured shall not be entitled to receive payments directly
from the insurer or to have any other direct dealings with the insurer, and (iii) the
insuring Party shall require all additional joint insured to comply with the conditions
stipulated in the policy.
Each policy insuring against loss or damage shall provide for payments to be made in
the currencies required to rectify the loss or damage. Payments received from insurers
shall be used for the rectification of the loss or damage.
The relevant insuring Party shall, within the respective periods stated in the Appendix
to Tender (calculated from the Commencement Date), submit to the other Party:
(a) evidence that the insurances described in this Clause have been effected, and
(b) copies of the policies for the insurances described in Sub-Clause 18.2
[Insurance for Works and Contractor’s Equipment] and Sub-Clause 18.3
[Insurance against Injury to Persons and Damage to Property].
When each premium is paid, the insuring Party shall submit evidence of payment to
the other Party. Whenever evidence or policies are submitted, the insuring Party shall
also give notice to the Engineer.
Each Party shall comply with the conditions stipulated in each of the insurance
policies. The insuring Party shall keep the insurers informed of any relevant changes
General Conditions 53
