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民用工程合同书(38)

2011-09-18 15:14 来源:范文站 人气(0) 范文站fanwenzhan.comRSS订阅 

  (3) the employer shall repay to the contractor any increased cost of or incidental to the execution of the works, other than such as may be attributable to the cost of reconstructing work condemned under the provisions of 20 hereof, which is howsoever attributable to or consequent on or the result of or in any way whatsoever connected with the said special risks, subject however to the provisions in this hereinafter contained in regard to outbreak of war, but the contractor shall as soon as any such increase of cost shall come to his knowledge forthwith notify the employer thereof in writing.
  (4) the special risks are war (whether be declared or not),hostilities, invasion, act of foreign enemies, the nuclear and pres- surewave risk, or insofar as it relates to the country in which theworks are being or are to be executed or maintained, rebellion ,revolution, insurrection, military or usurped power, civil war, or, unless solely restricted to the employees of the contractor or of his sub- contractors and arising from the conduct of the works, riot, commotion or disorder.
  (5) if, during the currency of the contract, there shall be an outbreak of war, whether war is declared or not, in any part of the world which, whether financially or otherwise, materially affects the execution of the works, the contractor shall, unless and until the contract is terminated under the provisions of this clause, continue to use his best endeavours to complete the execution of the works. provided always that the employer shall be entitled at any time after such outbreak of war to terminate the contract by giving written notice to the contractor and, upon such notice being given, this contract shall, except as to the rights of the parties under this and to the operation of 37 hereof, terminate, but without prejudice to the rights of either party in respect of any antecedent breach thereof.
  (6) if the contract shall be terminated under the provisions of the last preceding sub- clause, the contractor shall, with all reasonable despatch, remove from the site all constructional plant and shall give similar facilities to his sub - contractors to do so.
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