工程索賠(編輯修改稿)
2025-03-18 17:59 本頁(yè)面
【文章內(nèi)容簡(jiǎn)介】 under the law governing the Contract, entitles the Parties to be released from further performance of the Contract.? he sum payable by the Employer to the Contractor shall be the same as would have been payable under SubClause [Optional Termination, Payment and Release] if the Contract had been terminated under SubClause .the claim of contractor to proprietor in FIDIC 1999copyrightBen? ? The Employer shall not make a claim under the Performance Security, except for amounts to which the Employer is entitled under the Contract in the event of:? (a) failure by the Contractor to extend the validity of the Performance Security as described in the preceding paragraph, in which event the Employer may claim the full amount of the Performance Security,the claim of proprietor to contractor in FIDIC 1999copyrightBen? (b) failure by the Contractor to pay the Employer an amount due, as either agreed by the Contractor or determined under SubClause [Employer39。s Claims] or Clause 20 [Claims, Disputes and Arbitration], within 42 days after this agreement or determination,? (c) failure by the Contractor to remedy a default within 42 days after receiving the Employer39。s notice requiring the default to be remedied, orthe claim of proprietor to contractor in FIDIC 1999copyrightBen? (d) circumstances which entitle the Employer to termination under SubClause [Termination by Employer], irrespective of whether notice of termination has been given.? The Employer shall indemnify and hold the Contractor harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from a claim under the Performance Security to the extent to which the Employer was not entitled to make the claim.the claim of proprietor to contractor in FIDIC 1999copyrightBen? ? The Contractor shall, except as stated below, be responsible for the provision of all power, water and other services he may require.? ? The appropriate quantities and the amounts due (at such stated prices) for the use of Employer39。s Equipment shall be agreed or determined by the Engineer in accordance with SubClause [Employer39。s Claims] and SubClause [Determinations]. The Contractor shall pay these amounts to the Employer.the claim of proprietor to contractor in FIDIC 1999copyrightBen? ? If the Contractor fails to ply with the instruction, the Employer shall be entitled to employ and pay other persons to carry out the work. Except to the extent that the Contractor would have been entitled to payment for the work, the Contractor shall subject to SubClause [Employer39。s Claims] pay to the Employer all costs arising from this failure.? ? If the Contractor fails to ply with SubClause [Time for Completion], the Contractor shall subject to SubClause [Employer39。s Claims] pay delay damages to the Employer for this defaultthe claim of proprietor to contractor in FIDIC 1999copyrightBen? ? In the event of subparagraph (c), the Contractor shall proceed in accordance with all other obligations under the Contract. and the Contract Price shall be reduced by such a
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