民用工程合同书(37)

　　if the employer shall enter and expel the contractor under this clause， he shall not be liable to pay to the contractor any money on account of the contract until the expiration of the period of maintenance and thereafter until the costs of execution and maintenance， damages for delay in completion， if any， and all other expenses incurred by the employer have been ascertained.the contractor shall then be entitled to receive only such sum or sums， if any， as would have been payable to him upon due.
35　special risks
　　notwithstanding anything in the contract contained:
　　（1） the contractor shall be under no liability whatsoever whether by way of indemnity or otherwise for or in respect of de - struction of or damage to the works， save to work condemned under the provisions of 20 hereof prior to the occurrence of any special risk hereinafter mentioned， or to property whether of the employer or third parties， or for or in respect of injury or loss of life which is the consequence of any special risk as here - inafter defined.the employer shall indemnify and save harmless the contractor against and from the same and against and from all claims， proceedings， damages， costs， charges and expenses what- soever arising there out or in connection therewith.
　　（2） if the works or any materials on or near or in transit to the site ，or any other property of the contractor used or intended to be sued for the purposes of the works， shall sustain destruction or damage by reason of any of the said special risks the con - tractor shall be entitled to payment for.
　　　　（a）any permanent work and for any materials so destroyed or damaged， and so far as may be necessary for the completion of the works， on the basis of cost plus such profit as the employer may certify to be reasonable;
　　　　（b）replacing or making good any such destruction or dam- age to the works;
　　　　（c）replacing or making good such materials or other proper - ty of the contractor used or intended to be used for the purposes of the works.