【文章內容簡介】 (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit. “Interim Payment Certificate” means any payment certificate issued by the Employer’s Representative under Clause 13, other than the Final Payment Certificate. “Final Payment Certificate” means the payment certificate issued by the Employer’s Representative under SubClause . “Final Statement” means the agreed statement defined in SubClause . Other Definitions “Construction Documents” means all drawings, FIDIC 1995 10 / 58 calculations, puter software (programs), samples, patterns, models, operation and maintenance manuals, and other manuals and information of a similar nature, to be submitted by the Contractor. “Variation” means any alteration and/or modification to the Employer’s Requirements, which is instructed by the Employer’s Representative or approved as a variation by the Employer’s Representative, in accordance with Clause 14. “Works” means the Permanent Works and the Temporary Works or either of them as appropriate. “Permanent Works” means the permanent works to be designed and executed in accordance with the Contract. “Temporary Works” means all temporary works of every kind (other than Contractor’s Equipment) required for the execution and pletion of the Works and the remedying of any defects. “Plant” means machinery and apparatus intended to form or forming part of the Permanent Works, including the supplyonly items (if any) which are to be supplied by the Contractor as specified in the Contract. “Materials” means things of all kinds (other than Plant) to be provided and incorporated in the Permanent Works by the Contractor, including the supplyonly items (if any) which are to be supplied by the Contractor as specified in the Contract. “Contractor’s Equipment” means all machinery, apparatus and other things (other than Temporary Works) required for the execution and pletion of the Works and the remedying of any defects, but does not include Plant, Materials, or other things intended to form or forming part of the Permanent Works. “Section” means a part of the Works specifically defined in the Appendix to tender as a Section (if any). FIDIC 1995 11 / 58 “Site” means the places provided by the Employer where the Works are to be executed and to which Plant and Materials are to be delivered, and any other places as may be specifically designated in the Contract as forming part of the Site. “Country” means the country in which the Works are to be executed and to which Plant and Materials are to be delivered. Headings and The headings and marginal notes are not part of these Conditions, and Marginal Notes shall not be taken into consideration in their interpretation. Interpretation Words importing persons or parties shall include firms and corporations and any anization having legal capacity. Words importing the singular also include the plural and vice versa where the context requires. Words importing one gender also include other genders. Law and Language The law of the Contract is named in the Appendix to Tender. Where Versions of the Contract are prepared in different languages。 the version which is in the ruling language named in the Appendix to Tender shall prevail. The language for day to day munications shall be as stated in the Appendix to Tender. Contract Agreement Either party shall, if requested by the other party, execute a Contract Agreement, in the form annexed with such modifications as may be necessary to record the Contract. The costs of stamp duties and similar charges imposed by law shall be borne by the Employer. Priority of The documents forming the Contract are to be taken as mutually Documents explanatory of one another. If there is an ambiguity or discrepancy in The documents, the Employer39。s Representative shall issue any necessary clarification or instruction to the Contractor, and the priority of the documents shall be as follows: (a) The Contract Agreement。 (b) The Letter of Acceptance。 (c) The Employer39。s Requirements。 (d) The Tender。 (e) The Conditions of Contract, Part II。 (f) The Conditions of Contract, Part I。 FIDIC 1995 12 / 58 (g) The Schedules。 and (h) The Contractor39。s Proposal. Documents on Site The Contractor shall keep on the Site one plete set of the documents forming the Contract, the Construction Documents, Variations, other munications given or issued under SubClause and the documents mentioned in SubClause . The Employer, the Employer39。s Representative and assistants (as referred to in SubClause ) shall have the right to use such documents at all reasonable times. Communications Wherever provision is made for the giving or issue of any notice, instruction, consent, approval, certificate or determination by any person, unless otherwise specified such munication shall be in writing and shall not be unreasonably withheld or delayed. Wherever provision is made for a munication to be “written” or “in writing”, this means any handwritten, typewritten or printed munication, including the agreed systems of electronic transmission stated in the Appendix to Tender. All certificates, notices or written orders to be given to the Contractor by the Employer or the Employer’s Representative, and all notices to be given to the Employer or to the Employer’s Representative by the Contractor, shall either be delivered by hand against written acknowledgement of receipt, or be sent by airmail or one of the agreed systems of electronic transmission. The addresses for the receipt of such munications shall be as stated in the Appendix to Tend