You are on page 1of 2
‘Clause 19.7 (Payment fo Contractor & Extension of Time For Completion Due to Force Majeure Event), then, the Contractor shall be entitled, subject to Sub-Clause 20.1 (Contractor 's Claims), to: @ an extension of time for any such delay, if completion is or will be delayed under Sub-Clause 8.4 (Extension of Time for Com npletion), and Gi) payment of any such Cost, which shall be added to the Agreement Price. ‘After receiving this notice, the Employer shall proceed in accordance with Sub-Clause 3,5 Determinations) to agree or determine these matters, provided, however, that no relief, including the extension of performance deadlines and Time for Completion of Works, shall be granted to the affected Party pursuant to this Sub-Clause to the extent that such failure or delay would have nevertheless been experienced by the Contractor had the Force Majeure Event not occurred. Other than payments and extensions for performance of deadlines specifically approved by the Employer, the Contractor shall be entitled to no other Payments, compensations or extensions in consequence of a Force Majeure Event. Optional Termination, Payment and Release Ifa political event occurs pursuant to Sub-Clause 19.1(a) which has a material adverse effect and such Force Majeure Event continues for a period exceeding thirty (30) consecutive days or a series of such related political events pursuant to Sub-Clause 19.1(a) that continue in the aggregate for a period that exceeds thirty (30) Days (not including the effects thereof) during any year, either the Employer or the Contractor may give to the other a notice of termination Which shall take effect thirty (30) days after the giving of the notice. If, at the end of the thirty 30) day period, the effect of the Force Majeure Event continues, this Agreement shall be ferminable by either Party. In the event of termination under this Section, the total monies that the Contractor shall be entitled to for its performance under this Agreement shall be (j) all actual Costs reasonably incurred by the Contractor in the proper performance of completed Works; (ii) the Costs of plant and materials ordered for the Works which have been delivered to the Contractoy, or which the Contractor is lable to accept delivery provided on payment of such Costs the plant and materials shall be delivered by the Contractor to the Employer; and (Gi) the Cost of removal of the Temporary Works and the Contractor's Equipment from the Site to the destination port. The Costs referred to in this Sub-Clause shall be subject to audit review at the option and cost of the Employer. CLAIMS, DISPUTES AND ARBITRATION Contractor's Claims ‘The Contractor shall only be entitled to claim for an extension of the Time for Completion for the Works and/or additional payments, under the following Sub-Clauses: n2 + | . Se ewe eee ee ew ew ew ee ee (@) 2.1 (Right of Access 10 the Site); (b) 4.24 (Fossils); © NotUsed; @ 74 (Testing); (©) 8.4 (Extension of Time for Completion), (© 8.9 (Consequences of Suspension); (@) 92. Delayed Tests); (h) 14.2 (Advance Payment; @) 14.7 (Timing and Mode of Payments) @ 16.1 (Contractor's Entitlement 10 Suspend Work); () 17.4 (Consequences of Employer's Risk); and © 19.7 (Payment to Contractor & Extension of Time For Completion Due to Force Majeure’ Event), If the Contractor fails to give notice of a claim within fourteen (14) days of the occurrence of the event giving rise to the claim, the Time for Completion for the Works shall not be extended, the Contractor shall not be entitled to additional payment and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of the Sub-Clause shall apply. ‘The Contractor shall also submit any other notices which are required by this Agreement and supporting particulars for the claim, all as relevant to such event or circumstance. ‘The Contractor shall keep such contemporary records as may be necessary to substantiate any either on the Site of at another location acceptable to the Employer. Without admitting liability, the Employer may, after receiving any notice under this Sub-Clause, monitor the record-keeping ‘and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Employer to inspect all these records, and shall (if instructed) submit copies to the Employer. Within seven (07) days after the Contractor became aware (or should have become aware) of the event or cigcumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Employer, the Contractor shall send to the Employer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event ot circumstance giving rise to the claim has a continuing effect: (a) this fully detailed claim shall be considered as interim; () the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and/or amount claimed, and such further particulars “as the Employer may reasonably require; and Ef B

You might also like