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GC-10
 
SAFETY - PREVENTION OF ACCIDENTS - RESPONSIBILITY

Except for Special Risks as provided for in Article GC-8, LIABILITY FOR SPECIAL RISKS, Contractor shall be solely answerable for the safety, protection and security of his personnel, third parties, the public at large, the Works, Construction Plant and materials. Accordingly, Contractor shall comply faithfully with any and all pertinent laws, regulations and other ordinances at his own expense, and shall take all requisite protective measures to the end of eliminating the occurrence of accidents, loss or damage of any kind during the performance of the Contract Work and until final acceptance by NIA.

Provided the stipulations in force in the Philippines of the pertinent laws, regulations and other ordinances do not contain different provisions, Contractor shall comply with the applicable provisions of the U.S. Bureau of Reclamation Publications, "Constructions Safety Standards". Contractor shall furthermore cooperate with NIA on all matters concerning the prevention of accidents. To that end, Contractor shall fully acquaint himself with all regulations and instructions, which the Philippine Government may, from time to time, issue during the performance of the Contract Work and Contractor shall strictly observe and comply with all such regulations and instructions. Contractor shall closely coordinate with the safety inspector or related personnel of the government in order to develop an effective safety program to promote safe practices and procedures in the construction of the Works.

In the event Contractor fails or delays to observe the above obligations, NIA may, at Contractor's expense take whatever measure is deemed necessary by NIA for the protection of Contractor's personnel and third parties and order the immediate interruption of dangerous works. Contractor shall not be entitled to any indemnification or time extension on account of such interruption. It is understood that NIA's right referred to above shall in no way diminish Contractor's responsibility hereunder.

Contractor shall report in writing within 24 hours from their occurrence to NIA, the local police and the local Labor Inspector, all accidents occurring during the execution of any of the Contract Work or in connection therewith. In the event of serious or fatal accidents, Contractor shall leave unchanged the conditions existing at the place of the accident so that the authorities may proceed with investigations to ascertain the cause of the accident.

Contractor shall be solely and exclusively responsible for any loss or damage, death or injuries, resulting from the performance of the Contract Work or in connection therewith sustained by any person or party. Contractor shall save harmless NIA, its officers, agents and employees from any and all claims or court actions raised or instigated against NIA, its officers, agents and employees by any person or party for loss, damage and/or injuries caused by Contractor, his personnel, his Construction Plant and materials or his workyard installation, and Contractor shall at his own account and expense compensate such person or party for loss, damage or injury.