【正文】
the 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.(2) 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 of worksfrom the mencement of the works until the date stated in the certificate of pletion for the whole of the works putsuant to 26 here 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 andthe 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(2) 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 of 34 hereof, 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 under 27 hereof.the expected risks are war (whether war be declared or not), hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, or unless solely restricted to employees of the contractor or of his subcontractors and arising from the conduct of the works, riot, motion or disorder, or use of occupation by the employer of any part of the permanent works, or any such operation of the forces of nature as an experienced contractor could not foresee, or reasonably make provision for or insure against all of which are herein collectively referred to as the expected risks.9insurance workswithout limiting his obligations and responsibilities under 8 hereof, the contractor shall insure in the joint names of the employer and the contractor against all loss or damage from whatever cause arising, other than expected risks, for which he is responsible under the terms of the contract and in such manner that the employer and contractor are covered for the period stipulated in 8 (1) hereof and are also covered during the period of maintenance for loss or damage arising from a cause,occurring prior to the mencement of the period of mainte nance , and for any loss or damage occasioned by the contractor in the course of any operation carried out by him for the purpose of plying with his obligations under 27 hereof:(a)the works for the time being executed to the estimated current contract value thereof or such additional sum as may be specified together with the materials for incorporation in the works at their replacement value;(b)the constructional plant and other things brought on to the site by the contractor to the replacement value of such constructional plant and other things.such insurance shall be effected with an insurer and in terms approved by the employer ,which approval shall not be unreasonably withheld, and the contractor shall, whenever required, pro duce to the employer the policy or policies of insurance and the receipts for payment of the current to persons and propertythe contractor shall, except if and so far as the contract provides otherwise , indemnify the employer against all losses and claims in respect of injuries or damage to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenace of the works and against all claims, proceedings, damages, costs,charges and expenses, whatsoever in respect of or in relation thereto except any pensation or damages for or with respect to:(a)the permanent use or occupation of land by the works or any part thereof;(b)the right of the employer to execute the works or any part thereof on, over, under, in or through any land;(c)injuries or damage to persons or property which are the unavoidable result of the execution or maintenance of the works in accordance with the party insurancebefore mencing the execution of the works the contractor, but without limiting his obligations and responsibilities under 10 thereof, shall insure against his liability for an