APPENDIX 259 



superintendent shall be present on the site during working hours, and 

 shall be prepared to receive from time to time orders and instructions 

 from the engineer or his duly authorised representative. 



The said superintendent, if objected to by the engineer, on account of 

 incapacity, misconduct, or negligence, shall be removed by the contractor, 

 and the contractor shall, after receiving formal objection in writing, 

 forthwith replace him by another superintendent, competent to fulfil his 

 duties. 



The engineer shall be at liberty to object to any person employed by 

 the contractor in the execution of or otherwise about the works who shall, 

 in his opinion, misconduct himself or be incompetent or negligent, and 

 the contractor shall forthwith remove the person so objected to, and if 

 necessary replace him by a satisfactory person who shall be the servant 

 of and be remunerated by the contractor. 



31. Liability for accidents and damage. The contractor shall properly 

 cover up and protect such of the work as may be liable to sustain injury 

 by exposure. He shall also take every necessary, proper, timely and 

 useful precaution against accident or injury to the plant, and shall be 

 and remain answerable and liable for all losses, damages or injury which, 

 during the progress of the work, and until it be taken over under Clause 

 41, may arise or be occasioned by the acts or omissions of the contractor 

 or his servants, but not for any subsequent consequential loss or damage, 

 nor for any breakage or injury, wholly or partially caused by, or arising 

 from, the acts of the purchasers or others, or due to circumstances over 

 which the contractor has no control; and all such losses, damages, or 

 injuries, if sustained by the purchasers, shall be made good in the most 

 complete and substantial manner by and at the sole cost of the contractor, 

 and to the satisfaction of the engineer, and the contractor shall indemnify 

 the purchasers against all claims and demands in respect of such losses, 

 damages, or injuries, if sustained by any other person or persons. 



The contractor shall likewise, until the plant shall have been taken 

 over under Clause 41, indemnify and save harmless the purchasers against 

 actions, suits, claims, demands, costs or expenses arising in connection 

 with the works under the Workmen's Compensation Act, 1906, and any 

 other statute in force at the date of the contract dealing with the question 

 of the liability of employers for injuries sustained by employees. 



In the event of any claim being made or action brought against the 

 purchasers arising out of the matters referred to in this clause, the con- 

 tractor shall be immediately notified thereof, and he shall, with the 

 assistance if necessary of the purchasers, but at his sole expense, conduct 

 all negotiations for the settlement of the same, or any litigation that may 

 arise therefrom. The purchasers will, at the expense of the contractor, 

 afford all available assistance for any such purpose. 



32. Replacement of defective work or materials, If during the progress 

 of the work on site, the engineer shall decide and notify in writing to 

 the contractor that the contractor has executed any unsound or imperfect 

 work, or has supplied any plant or materials of inferior quality to those 

 specified, the contractor shall at his own expense, within twenty-four 

 hours of his receiving the notice, proceed to alter, re-construct, or 

 remove such work, or supply fresh materials up to the standard of the 



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