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35. PLANT:-133Dy.Ex. Engr.All constructional plant, provided by the contractor shall when brought on to thesite be deemed to be exclusively intended for the construction of this work andthe contractor shall not remove the same or any part thereof (Say for thepurpose of moving it from one part of the site to another or the repairs etc.)without the consent in writing of the Engineer-in-charge which shall not beunreasonably with-held. The concreting shall be done by the ready mix batchtype concrete mixer diesel or electrically operated with a minimum size of 200litres with automatic water measuring system and integral weigher ( Hydraulicor pneumatic type one). This RMC Plant may be of portable type.36. EXCEPTED RISKS :-36.1 The contractor shall be under no liability whatsoever by way indemnity orotherwise for or in respect of destruction of-or damage to the works (save workcondemned under the provisions of specifications and conditions of this tenderprior to the occurrence of any excepted risk hereinafter mentioned) ortemporary works or to property whether of the Department or third parties or foror in respect of injury or loss of life which is the consequence whatever direct orindirect, were hostilities (whether were to declared or not) invasion, act offoreign enemies, rebellion, revolution, insurrection or military of usurped power.Civil war or riot, commotion or disorder otherwise than among the contractor'sown employees or his piece worker and sub-agencies (hereinaftercomprehensively referred to as "The said excepted risks") and the departmentshall indemnify and save harmless the contractor against and' from the sameand against and from all claims, demands proceedings, damages, costscharges and expenses, whatsoever arising there out or in connection therewithand shall compensate the contractor for any loss of or damage to property ofthe contractor used for intended to be used / or the purpose of the works andlaying at site of work and occasioned either directly or indirectly by the saidexcepted risks.36.2 If the works or temporary works or any materials (whether for the formeror the later brought to site shall sustain destruction or damages by reasons ofany of the said excepted risks, the contractor shall be entitled payment for anypermanent works and for any materials so destroyed or damaged and shall bepaid by the department the cost of making good any such destruction ordamages whatever to the works or temporary works and for replacing ormaking good such materials so far as may be necessary for the completion ofthe works on a prime costs basis as the Engineer-in-charge may certify to bereasonable. The contractor shall lodge his claim, in writing, supported byEngineer-in-charge immediately, but not later than 30 days of such occurrenceof damage to works by excepted risk36.3 Destruction, damage injury or loss caused by the explosion or impactwhenever and wherever occurring of any mine bomb, shell, grenade or otherprojectile missile or ammunition or explosive or war resulting from actiondescribed in above shall be deemed to be a consequence of the. saidSignature of Contractor No. of corrections Executive Engineer