Parties before the date of the Letter of Acceptance. This agreement of terms shall take precedence over the provisions of this Clause.” Further the following is added as the final paragraph: “The Contractor shall be entitled to place all insurance relating to the Contract (including, but not limited to the insurance referred to Clause 19) with insurers from any eligible source country.” Sub-Clause 19.2 Insurances to be provided by the Contractor during the Design Period At the beginning of the Sub-Clause, add otherwise stated in “unless the Contract Data,” The following is at the end of the Sub-Clause: insurances required under this Sub-Clause to be in the joint “For names of the Parties, the Parties shall be jointly entitled to receive payments from the insurers, payments being held or allocated to the Party actually bearing the costs of rectifying the loss or damage,” Sub-Clause 19.3 Insurances to be provided by the Contractor during the Operation Service Period At the beginning of the Sub-Clause, add otherwise stated in “unless the Contract Data,” The following is added at the end of the Sub-Clause: Liability for breach of professional duty “(f) The Contractor shall insure the legal liability of the Contractor arising out of the negligent fault, defect, error or omission of the Contractor or any person for whom the Contractor is responsible in the carrying out their professional duties in an amount not less than that stated in the Contract Data. Such insurance shall contain an extension indemnifying the Contractor for his liability arising out of negligent fault, defect, error or omission in the carrying out his professional duties which result in the Works not being fit for the purpose specified in the Contract and resulting in any loss and/or damage to the Employer. The Contractor shall maintain this insurance for the period specified in the Contract Data. For those insurances required under this Sub-Clause to be in the joint names of the Parties, the Parties shall be jointly entitled to receive payments from the insurers, payments being held or allocated to the Party actually bearing the costs of rectifying the loss or damage.”
Parties before the date of the Letter of Acceptance. This agreement of terms shall take precedence over the provisions of this Clause.” Further the following is added as the final paragraph: “The Contractor shall be entitled to place all insurance relating to the Contract (including, but not limited to the insurance referred to Clause 19) with insurers from any eligible source country.” Sub-Clause 19.2 Insurances to be provided by the Contractor during the Design Period At the beginning of the Sub-Clause, add “unless otherwise stated in the Contract Data,” The following is at the end of the Sub-Clause: “For insurances required under this Sub-Clause to be in the joint names of the Parties, the Parties shall be jointly entitled to receive payments from the insurers, payments being held or allocated to the Party actually bearing the costs of rectifying the loss or damage,” Sub-Clause 19.3 Insurances to be provided by the Contractor during the Operation Service Period At the beginning of the Sub-Clause, add “unless otherwise stated in the Contract Data,” The following is added at the end of the Sub-Clause: “(f) Liability for breach of professional duty The Contractor shall insure the legal liability of the Contractor arising out of the negligent fault, defect, error or omission of the Contractor or any person for whom the Contractor is responsible in the carrying out their professional duties in an amount not less than that stated in the Contract Data. Such insurance shall contain an extension indemnifying the Contractor for his liability arising out of negligent fault, defect, error or omission in the carrying out his professional duties which result in the Works not being fit for the purpose specified in the Contract and resulting in any loss and/or damage to the Employer. The Contractor shall maintain this insurance for the period specified in the Contract Data. For those insurances required under this Sub-Clause to be in the joint names of the Parties, the Parties shall be jointly entitled to receive payments from the insurers, payments being held or allocated to the Party actually bearing the costs of rectifying the loss or damage.”
SPD-Request-for-Proposal-DesignBuildOperate-WTP-WWTP-OCT-2017.docx