【正文】 ccess Contractor to Search Performance Certificate Unfulfilled Obligations 13 CONTRACT PRICE AND PAYMENT The Contract Price Advance Payments Application for Interim Payment Certificates Schedule of Payments Plant and Materials for the Permanent Works Issue of Interim Payment Certificates Payment Delayed Payment Payment of39。s Liability Calculation of Payments in Foreign Currency Changes in Legislation 14 VARIATIONS Right to Vary Value Engineering Variation Procedure Payment in Applicable Currencies Provisional Sums 15 DEFAULT OF CONTRACTOR Notice to Correct Termination Valuation at Date of Termination Payment after Termination Bribes 16 DEFAULT OF EMPLOYER Contractor39。s Equipment Payment on Termination 17 RISK AND RESPONSIBILITY Indemnity Contractor39。s Risks Consequences of Employer39。s Risks Limitation of Liability 18 INSURANCE Insurance for Design Insurance for Works and Contractor39。s Responsibility Employer39。s Decision Amicable Settlement Arbitration Failure to Comply with Dispute Adjudication Board39。s Appointment FIDIC 1995 6 / 58 PART I GENERAL CONDITIONS 1 The Contract Definitions In the Contract (as defined below) the words and expressions defined blow shall have the meanings assigned to them, except where the context requires, otherwise: Documents “Contract” means these Conditions of Contract (Parts I and II), the Employer39。s Proposal, the Schedules, the Letter of Acceptance, the Contract Agreement (if pleted) and such further documents as may be expressly incorporated in the Letter of Acceptance or Contract Agreement (if pleted). “Employer Requirements” means the description of the scope, standard, design criteria (if any) and programme of work, as included in the Contract, and any alterations and modifications thereto in accordance with the Contract. “Tender” means the Contractor39。s Representative under SubClause . FIDIC 1995 9 / 58 Money and Payments “Contract Price” means the sum stated in the Letter of Acceptance as payable to the Contractor for the design, execution and pletion of the Works and the remedying of any defects in accordance with the provisions of the Contract. “Local Currency” means the currency of the Country. “Foreign Currency” means a freely convertible currency, named in the Appendix to Tender as a currency in which part of the Contract Price is payable, but not the Local Currency. “Retention Money” means the accumulated retention monies retained by the Employer under SubClause . “Provisional Sum” means a sum (if any) specified in the Contract and designated as such, for the execution of any part of the Works or for the supply of Plant, Materials or services. “Cost” means all expenditure properly incurred (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 consider