(b) shall be in the joint names of the Parties, (c) shall be extended to cover liability for all loss and damage to the property (except things Employer’s insured under Sub-Clause 18.2) arising out of the performance of the Contract, and Contractor’s (d) may however exclude liability to the extent that it arises from: the right to have the Permanent Employer’s Works executed on, over, under, in or through any land, and to occupy this land for the Permanent Works, damage which is an unavoidable result of the obligations to execute the Works Contractor’s and remedy any defects, and a cause listed in Sub-Clause 17.3 [Employer’s Risks], except to the extent that cover is available at commercially reasonable terms. The Contractor shall effect and maintain insurance 18.4 Insurance for Personnel against liability for claims, damages, losses and expenses Contractor’s (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Personnel. Contractor’s The insurance shall cover the Employer and the Engineer against liability for claims, damages, losses and expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Personnel, Contractor’s except that this insurance may exclude losses and claims to the extent that they arise from any act or neglect of the Employer or of the Personnel. Employer’s The insurance shall be maintained in full force and effect during the whole time that these personnel are assisting in the execution of the Works. For a Subcontractor’s employees, the insurance may be effected by the Subcontractor, but the Contractor shall be responsible for compliance with this Clause. 19. Force Majeure
(b) shall be in the joint names of the Parties, (c) shall be extended to cover liability for all loss and damage to the Employer’s property (except things insured under Sub-Clause 18.2) arising out of the Contractor’s performance of the Contract, and (d) may however exclude liability to the extent that it arises from: the Employer’s right to have the Permanent Works executed on, over, under, in or through any land, and to occupy this land for the Permanent Works, damage which is an unavoidable result of the Contractor’s obligations to execute the Works and remedy any defects, and a cause listed in Sub-Clause 17.3 [Employer’s Risks], except to the extent that cover is available at commercially reasonable terms. 18.4 Insurance for Contractor’s Personnel The Contractor shall effect and maintain insurance against liability for claims, damages, losses and expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Contractor’s Personnel. The insurance shall cover the Employer and the Engineer against liability for claims, damages, losses and expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Contractor’s Personnel, except that this insurance may exclude losses and claims to the extent that they arise from any act or neglect of the Employer or of the Employer’s Personnel. The insurance shall be maintained in full force and effect during the whole time that these personnel are assisting in the execution of the Works. For a Subcontractor’s employees, the insurance may be effected by the Subcontractor, but the Contractor shall be responsible for compliance with this Clause. 19. Force Majeure
Proc-of-Works-and-user-guide-EN-Apr2015.docx