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32.2. On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions of sub-clause 34.2........ 

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       CLAUSE 34         :   CONTRACTOR‟S         LIABILITY     AND
       INSURANCE :

34.1 From commencement to completion of the work(s) as a whole, the Contractor shall take full responsibility for the care thereof and for taking precautions to prevent loss or damage. He shall be liable for any damage or loss that may happen to the works or any part thereof and to the Corporation‟s Plant, Equipment and Material (hired or issued to the Contractor) shall be in good order and condition and in conformity in every respect with the requirements of the Contract and instructions of the Engineer-in-Charge.

ii) Provided, however, in an eventuality as mentioned in sub-clause 34.2(i) above, the following provisions shall also have effect :

(a) The Contractor shall, as may be directed in writing by the Engineer-in-Charge proceed with the erection and completion of the works under and in accordance with the provisions and conditions of the contract; and
(b) The Contractor shall, as may be directed in writing by the Engineer-in-Charge, re-execute the works lost or damaged, remove from the site any debris and so much of the works as shall have been damaged and carry the Corporation‟s T&P, Plant and Equipment, Material etc. to the Corporation‟s store. The cost of such re-

execution of the works, removal of damaged works and carrying of Corporation‟s store shall be ascertained in the same manner as for deviations and this shall be added to the contract sum.

Provided always that the Contractor shall, at his own cost, repair and make good so much of the loss or damage as has been occasioned by any failure on his part to perform his obligations under the contract or not taking precautions to prevent loss or damage or minimise the amount of such loss or damage. Final assessment of loss or damage shall be decided by the Engineer-in-Charge and his decision shall be final and binding......" 

ii)    Spl.CC

       6.     FLOOD CONDITIONS

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6.2. Protection from flood shall be provided by the Contractor, by suitable and timely arrangements, to the work already measured and/or the work in progress, labour, plant, equipment and materials against loss or damage during working and flood seasons. To cater the eventuality of flooding of the site of the work, the Contractor shall make at his own cost all necessary arrangements to move all plant, equipment and materials, including those supplied or issued by the Corporation and labour, to a safe place. Work shall be resumed immediately after floods have receded and the Contractor has sufficiently dewatered the site of the work. The contractor shall be paid cost of dewatering done inside the tunnel only at the unit price stipulated in this Contract for the quantity measured and approved by the Engineer-in- Charge. However, no payment for removal of silt and slush brought by floods will be made to the Contractor. 6.3. Except as provide for by Clause 34 of the general Conditions of Contract, the Contractor shall be liable for any loss or damage to labour, plant, equipment and materials or works whether measured or in progress that may occur due to flood and no compensation whatsoever shall be payable to the Contractor for such loss or damage.