2022-06-06（258）Engineering law and the ICE Contracts

INDEMNITY BY EMPLOYER

(2) The Employer will save harmless and indemnify the Contractor from and against all claims demands proceedings damages costs charges and expenses in respect of the matters referred to in the proviso to subclause (1) of this Clause. Provided always that the Employer’s liability to indemnify the Contractor under paragraph (v) of proviso (b) to sub-clause (1) of this Clause shall be reduced proportionately to the extent that the act or neglect of the Contractor or his subcontractors servants or agents may have contributed to the said injury or damage.4

For detailed notes see p. 104.

INSURANCE AGAINST DAMAGE TO PERSONS AND PROPERTY

23. (1) Throughout the execution of the Works1 the Contractor (but without limiting his obligations and responsibilities under Clause 22) shall insure against any damage loss or injury which may occur to any property or to any person by or arising out of the execution of the Works or in the carrying out of the Contract otherwise than due to the matters referred to in proviso (b) to Clause 22 (1).

AMOUNT AND TERMS OF INSURANCE

(2) Such insurance shall be effected with an insurer and in terms approved by the Employer (which approval shall not be unreasonably withheld)2 and for at least the amount stated in the Appendix to the Form of Tender. The terms shall include a provision whereby in the event of any claim in respect of which the Contractor would be entitled to receive indemnity under the policy being brought or made against the Employer the insurer will indemnify the Employer against such claims and any costs charges and expenses in respect thereof.3 The Contractor shall whenever required produce to the Employer the policy or policies of insurance and the receipts for payment of the current premiums.

For detailed notes see p. 107.

ACCIDENT OR INJURY TO WORKMEN

24. The Employer shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workman or other person in the employment of the Contractor or any sub-contractor save and except to the extent that such accident or injury results from or is contributed to by any act or default of the Employer his agents or servants1 and the Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation (save and except as aforesaid) and against all claims demands proceedings costs charges and expenses whatsoever in respect thereof or in relation thereto.

For detailed notes see p. 107.