14.0 INDEMNITY IN RESPECT OF PERSONAL INJURIES AND DAMAGE TO PROPERTY

14.1  The Contractor agrees witht he Government that :

(a) it shall perform all of its obligations under this Contract at its own risk and release, to the fullest extent permitted by law, the Government and their agents and servants from all claims and demands of every kind rersulting from any accident, damage, injury or death is caused or contributed to by any act or omission or negligence of the Government or its agenets and servants. The Contractor expressly agrees that in the absence of any such act, omission or negligence as aforesaid the Government shall have no responsibility or liability whatsoever in relation to such accident, damage, injury or death;

(b) it shall indemnify and keep indemnified the Government from and against all actions, suits, claims or demands, proceedings, losses, damages, compensation, costs (including legal cost), charges and expenses whatsoever to which the government shall or may be or become liable in respect of or arising from -

(i) the negligent use, misuse or abuse by the Contractor or its personnel, servants, agents or employees appointed by the Contractor.

(ii) any loss or damage to property or injury of whatsoever nature or kind and howsoever or wherever sustained or caused or contributed to by carryying out of the works by the Contractor to any person and not caused by the negligence or wilful act, default or omission of the Government, its agents or servants; or

(iii) any loss, damage or injury from any cause whatsoever to property or persons affected by thye Works to the extent to which the same is occasioned or contributed to by the act, omission, neglect, breach or default of the Contractor or personnel, servants, agents or employees; and

(c) the obligations under this clause shall continue after the expiry or earlier termination of this Contract in respect of any act, ded, matter or thing happening before such expiratrion or termination of this Contract.

14.2 The Contractor shall indemnify, protect and defend at its own cost and expense, the Government and its agents and servants from and against all actions, claims and liabilities arising out of acts done by the Contractor in the performance of this contract.

15.0  INSURANCE AGAINST PERSONAL INJURIES AND DAMAGE TO PROPERTY

15.1 TAKING OF INSURANCE
(a) Without prejudice to his liability to indemnify the Government under clause 14 hereof, the Contractor shall, as a condition percedent to the commencement of any work undert his Contract, effect and maintain such insurances whether with or without an excess amount as spepcified in Appendix hereto as are necessary to cover the liability of the Contractor and all sub-contractors, whether nominated or otherwise .

(b) Such insurance shall be for the purpose of personal injuries or death, damage or loss to property, movable or immovable, arising out of, or in the course of, or by reason of the execution of the Works and caused any negligence, omission, breach of contract or default of the Contractor or any sub-contractor, whether nominated or otherwise, or of any servants or agents of the Contractor or of any sch sub-contractor, whether nominated or otherwise. Where an excess amount is specified in Appendix, the Contractor shall bear the amount of such excess. The policy of policies of insurance shall contain a cross liability clause indemnifying each of the jointly insured against claims made by on him by the other jointly insured.

(c) Such insurance as referred to under sub-clause (a) hereof shall be effected with an insurance company as approved by the Government and maintained n the joint names of the Government and Contractor and all sub-contractors, whether nominated or otherwise. SUch insurance shall cover from the period of the date of possession of site until the date of issuance of Certificate of Making Good Defect for any claims occassioned by the Contractor or any sub-contractor in the course of any operations carried out by the Contractor or any sub-contractor for the purpose of complying with his obligations under Clause 48 hereof.

15.2 Production of Policies

It shall be the duty of the Contractor to produce and shall deposit the relevant policy or policies of the insurance together with the receipts in respect of premiums paid to the S.O. whether demanded or not.

15.3 Default in insuring
If the Contractor fails to effect or renew such insurances as are required to be effected and maintained under this contract, the Government or the S.O on its behalf may effect or renew such insurance and shall entitled to deduct a sum equivalent to the amount in respect of the premiums paid and on-cost charges (calculated by applying the Percentage for on-cost charges' stated in Appendix hereto to the premiums paid), from any money due or to become due to the Contractor under this Contract or to recover the same from the Performance Bond or as a debt from the Contractor.

15.4 Cancellation of Insurance
(a) The Contractor shall ensure that any insurance policy effected hereto shall only be cancelled by the insurer after the expiry of thirty (30) days from the date of receipt by the Government of a written notice from the insurer advising of such impending cancellation PROVIDED THAT the Contractor has been issued with the Certificate of Making Good Defects in accordance with clause 48.

(b)The Contractor shall not at any time permit or cause to be done any act, matter or thing which may result in any insurance effected by virtue of this Contract being vitated or rendered void or voidable or whereby the rate of the premium on any insurance effected shall be liable to be increased.


15.5 Loss or Damage Occasioned By insured Risk

(c) In the event of any damage or loss occuring during the performance of this Contract, the Contractor shall repair, replace or make good such damage or loss from the amount of insurance claimed, if sufficient, or if insufficient, using his own resources.