【正文】
the contractor shall also be deemed to have inspected and examined the site and its surroundings and information availablein connection therewith and to have satisfied himself, so far as ispracticable, before submitting his tender as to the form and nature thereof, including the subsurface conditions, the hydrological and climatic conditions, the extent and nature of work and materials necessary for the pletion of the works, the means of ac cess to the site andthe acmodation he may require, in general, shall be deemed to have obtained all necessary information, subject as above mentioned, as to risks, contingencies and all other circumstances which may influence or affect his tender. the contractor shall be deemed to have satisfied himself be fore tendering as to the correctness and sufficiency of this tenderfor the works and of the rates and prices stated in the priced bill of quantities and the schedule of rates and prices, if any, whichtender rates and prices shall, except insofar as it is otherwiseprovided in the contract, cover all his obligations under the contract and all matters and things necessary for the proper execution and maintenance of the works. save insofar as it is legally or physically impossible ,the contractor shall execute and maintain the works in strict accordancewith the contract to the satisfaction of the employer and shall ply with and adhere strictly to the employers instructions and directions on any matter whether mentioned in the contract or not, or concerning the works. the contractor shall give or provide all necessary superintendence during the execution of the works and as long thereafter as the employer may consider necessary for the proper ful filling of the contractors obligations under the contract, the contractor,or a petent and authorized agent or representative approved of in writing by the employer, which approval may at any time be withdrawn, is to be constantly on the works and shall give his whole time to the superintendence of the same. if such approval shall be withdrawn by the employer, the contractor shall, as soon as is practicable, having regard to the requirement of replacing him as hereinafter mentioned, after receiving notice of such withdrawal, remove the agent from the works and shall not thereafter employ him again on the works in any capacity and shall replace him by another agent approved by the employer. such authorized agent or representative shall receive, on behalf of the contractor, directions and instructions from theemployer. the contractor shall provide and employ on the site inconnection with the execution and maintenance of the works: (a)only such technical assistance as are skilled and experienced in their respective callings and such subagents, foremen and leading hands as are petent to give proper supervision tothe work they are required to supervise and (b)such skilled, semi skilled and unskilled labour as is necessary for the proper and timely execution and maintenance of the works. the employer shall be at liberty to object to and require the contractor to remove forthwith from the works any person employed by the contractor in or about the execution or maintenance of the works who, in the opinion of the employer, misconducts himself, or is inpetent or negligent in the proper performance of his duties, or whose employment is otherwise considered by the emplyer to be undesirable and such person shall not be again employed upon the works without the written permission of the employer. any person so removed from the works shall be replaced as soon as possible by a petent substitute approved by the employer. the contractor shall in connection with the works provide and maintain at his own cost all lights, guards, fencing and watching when and where necessary or required by the employer for the protection of the works, or for the safety and convenience of the public or others. 8 pletion of works from the mencement of the works until the date stated in the certificate of pletion for the whole of the works putsuant to26here of the contractor shall take full responsibility for the care thereof. provided that if the employer shall issue a certificate of pletion in respect of any part on the permanent works the contractor shall cease to be liable for the care of that part and the responsibility for the care of that part of the permanent works from the date stated in the certificate of pletion in respect of that part and the responsibitity for the care of that part shall pass to the employer. provided further that the contractor shall take full responsibility for the care of any outstanding work which he shall have undertaken to finish during the period of maintenance until such outstanding work is pleted. in case any damage, loss or injury shall happen to theworks, or to any part thereof, from any cause whatsoever, save and except the expected risks as defined in sub of this clause, while the contractor shall be responsible for the care thereof the contractor shall, at his own cost, repair and make good the same, so that at pletion the permanent works shall be in good order and condition and in conformity in every respect with the requirement of the contract in the event of any such damage, loss or injury happening from any of the expected risks,the contractor shall。 if and to the extent required ty the employ er and subject always to the provision of34hereof, repair and make good the same as aforesaid at the cost of the employer. the contractor shall also be liable for any damage to the works occassioned by him in the course of any operations carried out by him for the purpose of pleting any outstanding work or plying with his obligations under27hereof. the expected risks are war (whether war be declared or not), hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped p