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民用工程承包合同书(附英文译本)

The Contractor shall not sublet the whole of works. Except where otherwise provided by the Contract, the Contractor shall not sublet any part of the works without the prior written consent of the Employer. Such consent, if given, shall not relieve the Contractor from any liability or obligation under the Contractand he shall be responsible for the defaults and neglects of any subcontractor, his agents or workmen.

  6 Drawings
The Drawings shall remain in the sole custody of the Employer, but two copies thereof shall be furnished to the Contractor free of charge.The Contractor shall provide and make at hisown expense any further copies required by him. At the completion of the Contract, the Contractor shall return to the Employer all Drawings provided under the Contract.
One copy of the Drawings, furnished to the Contractor as aforesaid, shall be kept by the Contractor on the Site and the same shall at any reasonable time be available for inspection and used by the Employer and by any other person authorized by the Employer in writing.
The Contractor shall give written notice to the Employer whenever planning or progress of the Works is likely to be delayed or disrupted unless any further drawing or order, including a direction, instruction or approval, is issued by the Employerwithin a reasonable time.The notice shall include details of thedrawing or order required and of why and by when it is required and of any delay or disruption likely to be suffered if it is late.
If, by reason of any failure or inability of the Employer to is - sue within a time reasonable in all the circumstances any drawing or order requested by the Contractor in accordance with sub(3) of this Clause, the Contractor suffers delay, then theEmployer shall take such delay into account in determining anyextension of time to which the Contractor is entitled.

  7 General Obligations
The Contractor shall take full responsibility for the adequacy, stability and safety of all site operations and methods of construction, provided that the Contractor shall not be responsible, except as may be expressly provided in the Contract, for the design or specification of the Permanent Works , or for the design orspecification of any Temporary Works.
the Employer shall have made available to the Contractor with the Tender documents such data on hydrological and subsurface conditions as shall have been obtained by or on behalf of the Employer from investigations undertaken relevant to theWorks and the Tender shall be deemed to have been based on such data, but the Contractor shall be responsible for his own interpretation thereof.
The Contractor shall also be deemed to have inspected and examined the Site and its surroundings and information availablein connection therewith and to have satisfied himself, so far as ispracticable, before submitting his Tender as to the form and nature thereof, including the subsurface conditions, the hydrological and climatic conditions, the extent and nature of work and materials necessary for the completion of the works, the means of ac - cess to the Site and''the accommodation he may require, in general, shall be deemed to have obtained all necessary information, subject as above mentioned, as to risks, contingencies and all other circumstances which may influence or affect his Tender.
The Contractor shall be deemed to have satisfied himself be - fore tendering as to the correctness and sufficiency of this Tenderfor the Works and of the rates and prices stated in the priced Bill of Quantities and the Schedule of Rates and Prices, if any, whichTender rates and prices shall, except insofar as it is otherwiseprovided in the Contract, cover all his obligations under the Contract and all matters and things necessary for the proper execution and maintenance of the Works.
Save insofar as it is legally or physically impossible ,the Contractor shall execute and maintain the Works in strict accordancewith the Contract to the satisfaction of the Employer and shall comply with and adhere strictly to the Employer''s instructions and directions on any matter whether mentioned in the Contract or not, or concerning the Works.
The Contractor shall give or provide all necessary superintendence during the execution of the Works and as long thereafter as the Employer may consider necessary for the proper ful - filling of the Contractor''s obligations under the Contract, The Contractor,or a competent and authorized agent or representative approved of in writing by the Employer, which approval may at any time be withdrawn, is to be constantly on the Works and shall give his whole time to the superintendence of the same. If such approval shall be withdrawn by the Employer, the Contractor shall, as soon as is practicable, having regard to the requirement of replacing him as hereinafter mentioned, after receiving notice of such withdrawal, remove the agent from the Works and shall not thereafter employ him again on the Works in any capacity and shall replace him by another agent approved by the Employer. Such authorized agent or representative shall receive, on behalf of the Contractor, directions and instructions from theEmployer.
  (1) The Contractor shall provide and employ on the Site inconnection with the execution and maintenance of the Works:
  (a)only such technical assistance as are skilled and experienced in their respective callings and such subagents, foremen and leading hands as are competent to give proper supervision tothe work they are required to supervise and
  (b)such skilled, semi -skilled and unskilled labour as is necessary for the proper and timely execution and maintenance of the Works.
  (2) The Employer shall be at liberty to object to and require the Contractor to remove forthwith from the Works any person employed by the Contractor in or about the execution or maintenance of the Works who, in the opinion of the Employer, misconducts himself, or is incompetent or negligent in the proper performance of his duties, or whose employment is otherwise considered by the Emplyer to be undesirable and such person shall not be again employed upon the Works without the written permission of the Employer. Any person so removed from the Works shall be replaced as soon as possible by a competent substitute approved by the Employer.
The Contractor shall in connection with the Works provide and maintain at his own cost all lights, guards, fencing and watching when and where necessary or required by the Employer for the protection of the Works, or for the safety and convenience of the public or others.

  8 Completion of Works
From the commencement of the Works until the date stated in the Certificate of Completion for the whole of the Works putsuant to 26 here of the Contractor shall take full responsibility for the care thereof. Provided that if the Employer shall issue a Certificate of Completion in respect of any part on the Permanent Works the Contractor shall cease to be liable for the care of that part and the responsibility for the care of that part of the permanent works from the date stated in the Certificate of Completion in respect of that part and the responsibitity for the care of that part shall pass to the Employer. Provided further that the Contractor shall take full responsibility for the care of any outstanding work which he shall have undertaken to finish during the Period of Maintenance until such outstanding work is completed. In case any damage, loss or injury shall happen to theWorks, or to any part thereof, from any cause whatsoever, save and except the expected risks as defined in sub(2) of this Clause, while the Contractor shall be responsible for the care thereof the Contractor shall, at his own cost, repair and make good the same, so that at completion the Permanent Works shall be in good order and condition and in conformity in every respect with the requirement of the contract in the event of any such damage, loss or injury happening from any of the expected risks,the Contractor shall; if and to the extent required ty the Employ - er and subject always to the provision of 34 hereof, repair and make good the same as aforesaid at the cost of the Employer. The Contractor shall also be liable for any damage to the Works occassioned by him in the course of any operations carried out by him for the purpose of completing any outstanding work or complying with his obligations under 27 hereof.
The "expected risks" are war (whether war be declared or not), hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, or unless solely restricted to employees of the Contractor or of his subcontractors and arising from the conduct of the Works, riot, commotion or disorder, or use of occupation by the Employer of any part of the Permanent Works, or any such operation of the forces of nature as an experienced contractor could not foresee, or reasonably make provision for or insure against all of which are herein collectively referred to as "the expected risks".

  9 Insurance Works
Without limiting his obligations and responsibilities under 8 hereof, the Contractor shall insure in the joint names of the Employer and the Contractor against all loss or damage from whatever cause arising, other than expected risks, for which he is responsible under the terms of the Contract and in such manner that the Employer and Contractor are covered for the period stipulated in 8 (1) hereof and are also covered during the Period of Maintenance for loss or damage arising from a cause,occurring prior to the commencement of the Period of Mainte - nance , and for any loss or damage occasioned by the Contractor in the course of any operation carried out by him for the purpose of complying with his obligations under 27 hereof:


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