CIVIL WORK - Government of Himachal Pradesh

9.3 The Contractor shall not employ any retires Gazetted officer who has worked in theEngineering Department of the State Government and has either not completed two years after hedate of retirement or has not obtained State Government’s permission to employment with theContractor.10. Employer’s and Contractor's Risks10.1 The Employer carries the risks which this Contract states are Employer’s risks, and the Contractorcarries the risks which this Contract states are Contractor’s risks.11. Employer's Risks11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly affectthe execution of the Works in the Employer’s country, the risks of war, hostilities, invasion, act offoreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riotcommotion or disorder (unless restricted to the Contractor’s employees), and contamination fromany nuclear fuel or nuclear waste or radioactive toxic explosive, or (b) a cause due solely to thedesign of the Works, other than the Contractor’s design.12. Contractor’s Risks12.1 All risks of loss of or damage to physical property and of personal injury and death which ariseduring and in consequence of the performance of the Contract other than the excepted risks are theresponsibility of the Contractor.13. Insurance13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurancecover from the Start Date to the end of the Defects Liability Period, in the amounts anddeductibles stated in the Contract Data for the following events which are due to the Contractor’srisks:(a) loss of or damage to the Works, Plant and Materials;(b) loss of or damage to Equipment;(c) loss of or damage of property (except the Works, Plant, Materials and Equipment) inconnection with the Contract; and(d) personal injury or death.13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engineer for theEngineer’s approval before the Start Date. All such insurance shall provide for compensation to bepayable in the types and proportions of currencies required to rectify the loss or damage incurred.13.3 If the Contractor does not provide any of the policies and certificates required, the Employer mayeffect the insurance which the Contractor should have provided and recover the premiums theEmployer has paid from payments otherwise due to the Contractor or, if no payment is due, thepayment of the premiums shall be a debt due.13.4 Alterations to the terms of insurance shall not be made without the approval of the Engineer.13.5 Both parties shall comply with any conditions of the insurance policies.14. Site Investigation Reports14.1 The Contractor, in preparing the Bid, shall rely on any site Investigation Reports referred to in theContract Data, supplemented by any information available to the Bidder.Contractor EE 43