Employer's Risks. The Employer’s risks are, in so far as they directly affect the execution of the Works in the country where the permanent works are to be executed: (a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, (b) rebellion, revolution, insurrection, or military or usurped power, or civil war, (c) ionising radiations, or contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, (d) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, (e) riot, commotion or disorder, unless solely restricted to employees of the Contractor or of his Subcontractors and arising from the conduct of the Works, (f) loss or damage due to the use or occupation by the Employer of any Section or part of the Permanent Works, except as may be provided for in the Contract, (g) loss or damage to the extent that it is due to the design of the Works, other than any part of the design provided by the Contractor or for which the Contractor is responsible, and (h) any operation of the forces of nature (insofar as it occurs on the Site) that an experienced contractor: (i) could not have reasonably foreseen, or (ii) could reasonably have foreseen, but against which he could not reasonably have taken at least one of the following measures: (a) prevent loss or damage to physical property from occurring by taking appropriate measures, or (b) insure against such loss or damage.
Appears in 3 contracts
Samples: Tender Agreement, Tender Agreement, Tender Agreement
Employer's Risks. The Employer’s risks are, in so far as they directly affect the execution of the Works in the country where the permanent works are to be executed:
(a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,
(b) rebellion, revolution, insurrection, or military or usurped power, or civil war,
(c) ionising radiations, or contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof,
(d) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds,
(e) riot, commotion or disorder, unless solely restricted to employees of the Contractor or of his Subcontractors and arising from the conduct of the Works,
(f) loss or damage due to the use or occupation by the Employer of any Section or part of the Permanent Works, except as may be provided for in the Contract,
(g) loss or damage to the extent that it is due to the design of the Works, other than any part of the design provided by the Contractor or for which the Contractor is responsible, and
(h) any operation of the forces of nature (insofar as it occurs on the Site) that an experienced contractor:
(i) could not have reasonably foreseen, or
(ii) could reasonably have foreseen, but against which he could not reasonably have taken at least one of the following measures:
(a) prevent loss or damage to physical property from occurring by taking appropriate measures, or
(b) insure against such loss or damage.
Appears in 2 contracts
Samples: Tender Agreement, Tender Document
Employer's Risks. The Employer’s risks are, in so far as they directly affect the execution of the Works in the country where the permanent works are to be executed:
(a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,
(b) rebellion, revolution, insurrection, or military or usurped power, or civil war,
(c) ionising radiations, or contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof,
(d) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds,
(e) riot, commotion or disorder, unless solely restricted to employees of the Contractor or of his Subcontractors and arising from the conduct of the Works,
(f) loss or damage due to the use or occupation by the Employer of any Section or part of the Permanent Works, except as may be provided for in the Contract,
(g) loss or damage to the extent that it is due to the design of the Works, other than any part of the design provided by the Contractor or for which the Contractor is responsible, and
(h) any operation of the forces of nature (insofar as it occurs on the Site) that an experienced contractor:
(i) : • could not have reasonably foreseen, or
(ii) or • could reasonably have foreseen, but against which he could not reasonably have taken at least one of the following measures:
(ai) prevent loss or damage to physical property from occurring by taking appropriate measures, or
(bj) insure against such loss or damage.
Appears in 1 contract
Samples: Tender Agreement
Employer's Risks. The Employer’s Employer‟s risks are, in so far as they directly affect the execution of the Works in the country where the permanent works are to be executed:
(a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,
(b) rebellion, revolution, insurrection, or military or usurped power, or civil war,
(c) ionising radiations, or contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof,
(d) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds,
(e) riot, commotion or disorder, unless solely restricted to employees of the Contractor or of his Subcontractors and arising from the conduct of the Works,
(f) loss or damage due to the use or occupation by the Employer of any Section or part of the Permanent Works, except as may be provided for in the Contract,
(g) loss or damage to the extent that it is due to the design of the Works, other than any part of the design provided by the Contractor or for which the Contractor is responsible, and
(h) any operation of the forces of nature (insofar as it occurs on the Site) that an experienced contractor:
(i) : could not have reasonably foreseen, or
(ii) or could reasonably have foreseen, but against which he could not reasonably have taken at least one of the following measures:
(ai) prevent loss or damage to physical property from occurring by taking appropriate measures, or
(bj) insure against such loss or damage.
Appears in 1 contract
Samples: Tender Agreement
Employer's Risks. The Employer’s risks are, in so far as they directly affect the execution of the Works in the country where the permanent works are to be executed:
(a) war, hostilities (whether war be declared or not), invasion, pandemics, act of foreign enemies,
(b) rebellion, revolution, insurrection, or military or usurped power, or civil war,
(c) ionising radiations, or contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof,
(d) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds,
(e) riot, commotion or disorder, unless solely restricted to employees of the Contractor or of his Subcontractors subcontractors and arising from the conduct of the Works,
(f) loss or damage due to the use or occupation by the Employer of any Section or part of the Permanent Works, except as may be provided for in the Contract,
(g) loss or damage to the extent that it is due to the design of the Works, other than any part of the design provided by the Contractor or for which the Contractor is responsible, and
(h) any operation of the forces of nature (insofar as it occurs on the Site) that an experienced contractor:
(i) could not have reasonably foreseen, or
(ii) could reasonably have foreseen, but against which he could not reasonably have taken at least one of the following measures:
(a) prevent loss or damage to physical property from occurring by taking appropriate measures, or
(b) insure against such loss or damage.
Appears in 1 contract
Samples: Tender Agreement