【正文】
ere the context otherwise requires and except that the following words and expressions shall have the meanings hereby assigned to them:(a) (i) “Employer” means the person named as such in Part II of the Conditions of Subcontract and the legal successors in title to, or assignees of, such person, as the Contractor shall notify the Subcontractor from time to time.(ii) “Contractor” means the person named as such in Part II of the Conditions of the Subcontract and the legal successors in title to such person, but not (except with the consent of the Subcontractor) any assignee of such person.(iii) “Subcontractor” means the person whose offer has been accepted by the Contractor and the legal successors in title to such person, but not (except with the consent of the Subcontractor) any assignee of such person.(iv) “Engineer” means the person appointed by the Employer to act as Engineer for the purposes of the Main Contract and named as such in Part II of the Conditions of Subcontract.(b) (i) “Main Contract” means the contract entered into between the Employer and the contractor, Particulars of Which are given in Part II of the Conditions of Subcontract.(ii) “Subcontract” means the Conditions of Subcontract (Part I and II), the Subcontract Specification, the Subcontract Drawings, the Subcontract Bill of Quantities, the Subcontract’s Offer, the Contract’s Letter of Acceptance, the Subcontract Agreement (if pleted) and such further documents as may be expressly incorporated in the Contractor’s Letter of Acceptance or Subcontract Agreement (if peted).(iii) “Subcontract Specification” means the specification of the Subcontract Works included in the Subcontract and any modification thereof or addition thereto made pursuant to Clause 9.(iv) “Subcontract Drawings” means all drawings, calculations and technical information of a like nature under the Subcontract.(v) “Subcontract Bill of Quantities” means the priced and pleted bill of quantities forming part of the Subcontractor’s Offer.(vi) “Subcontractor’s Offer” means the Subcontractor’s priced offer to the Contractor for the execution and pletion of the Subcontract Works and the remedying of any defects therein in accordance with the provisions of the Subcontract, as accepted by the Contractor’s Letter of Acceptance.(vii) “Contractor’s Letter of Acceptance” means the formal acceptance by the Contractor of the Subcontractor’s Offer.(viii) “Subcontract Agreement” means the subcontract agreement (if any) referred to in SubClause .(ix) “Appendix to Subcontractor’s Offer” means the appendix prised in the form of Subcontractor’s Offer annexed to the Conditions of Subcontract.(x) “Conditions of Subcontract” means Parts I and II of the FIDIC “Conditions of Subcontract for Works of Civil Engineering Construction (for use in conjunction with the Conditions of Contract for Works of Civil Engineering Construction, Forth Edition 1987 Reprinted 1922 with further amendments)”, 1994, as adapted by the Contractor and the Subcontractor and forming part of the Subcontract.(xi) “Conditions of Main Contract” means Part I of the FIDIC “Conditions of Contract for Works of Civil Engineering Construction, Forth Edition 1987 Reprinted 1922 with further amendments”, and Part II such Conditions as adapted by the Employer and the Contractor, which form part of the Main Contract.(c) (i) “Subcontractor’s Commencement Date” means the time for pletion of the Subcontract Works or any section thereof as stated in the Appendix to Subcontractor’s Offer (or as extended under Clause 7) calculated from the Subcontractor’s Commencement Date.(ii) “Subcontractor’s Time for Completion” means the time for pletion of the Subcontract Works or any Section thereof for the execution and pletion of the Subcontract Works and the remedying of any defects therein in accordance with the provisions of the Subcontract.(d) “Subcontract Price” means the sum stated in the Contractor’s Letter of Acceptance as payable to the Subcontractor for the execution and pletion of the Subcontract Works and the remedying of any defects therein in accordance with the provisions of the Subcontract.(e) (i) “Main Works” means the Works as defined in the Main Contract.(ii) “Subcontract Works” means the Works described in Part II of the Conditions of Subcontract.(iii) “Subcontractor’s Equipment” means all appliances and things of whatsoever nature (other than Temporary Works) required for the execution and pletion of the Subcontract Works and the remedying of any defects therein, but dose not include Plant, materials or other things intended to form or forming part of the Subcontract Works.Headings and Marginal NotesThe headings and marginal notes in the Conditions of Subcontract shall not be deemed part thereof or be taken into consideration in the interpretation or construction thereof or of the Subcontract.InterpretationWords importing persons or parties shall include firms and corporations and any organization having legal capacity.Singular andPluralWords importing the singular only also include the plural and vice versa where the context requires.Notices, Consents, Approvals, Certificates, Confirmations and DeterminationsWhatever in the Subcontract provision is made for the giving or issue of any notice, consent, approval, certificate, confirmation or determination by any person, unless otherwise specified such notice, consent, approval, certificate, confirmation or determination shall be in writing and the words “notify”, “certify”, “confirm” or determine” shall be construed accordingly. Any such notice, consent, approval, certificate, confirmation or determination shall not unreasonably be withheld or delayed.Instruction in WritingInstructions given by the Contractor shall be in writing, provided that if for any reason the Contractor considers it necessary to give any such instruction orally, the S