X18 Clause Samples

X18. 3 For any one event, the Contractor’s liability to the Employer for loss of or damage to the Employer’s property is limited to The Contractor’s liability for Defects due to his design of an item of Equipment is limited to the amount of the deductibles relevant to the event described in the “Format TSC3” insurance policy available on ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/Tenders/InsurancePolicies Procedures/Pages/EIMS_Policies_ From_1_April_2014_To_31_March_2015.aspx The greater of  the total of the Prices at the Contract Date and  the amounts excluded and unrecoverable from the Employer’s insurance (other than the resulting physical damage to the Employer’s property which is not excluded) plus the applicable deductibles in the Employer’s assets and works / maintenance policies available on ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/Tenders/InsurancePoli ciesProcedures/Pages/EIMS_Policies_ From_1_April_2014_To_31_March_2015.aspx X18.4 The Contractor’s total liability to the Employer, for all matters arising under or in connection with this contract, other than the excluded matters, is limited to the total of the Prices other than for the additional excluded matters. The Contractor’s total liability for the additional excluded matters is not limited. The additional excluded matters are amounts for which the Contractor is liable under this contract for  Defects due to his design, plan and specification,  Defects due to manufacture and fabrication outside the Affected Property,  loss of or damage to property (other than the Employer’s property, Plant and Materials),  death of or injury to a person and  infringement of an intellectual property right.

X18. 4 For any one event, the Contractor’s the amount of the deductibles relevant to the liability to the Employer for loss of or event damage to the Employer’s property is limited to The Contractor’s liability for Defects due to The greater of his design of an item of Equipment is limited to  the total of the Prices at the Contract Date and  the amounts excluded and unrecoverable from the Employer’s insurance plus the applicable deductibles  The Contractor’s total liability to the the total of the Prices other than for the Employer, for all matters arising under or additional excluded matters. in connection with this contract, other than the excluded matters, is limited to The Contractor’s total liability for the additional excluded matters is not limited. The additional excluded matters are amounts for which the Contractor is liable under this contract for  Defects due to his design, plan and specification,  Defects due to manufacture and fabrication outside the Affected Property,  loss of or damage to property (other than the Employer’s property, Plant and Materials),  death of or injury to a person and  infringement of an intellectual property right.

X18. Any damages that are caused by the Contractor will be deducted from the Contractor during assessment. Below is a table with the risks and penalties:

X18. 4 Delete X18.4 and replace with: The Contractor's total liability to the Employer for all matters arising under or in connection with this contract is limited to the amount stated in the Contract Data and applies in contract, tort or delict and otherwise to the extent allowed under the law of the contract.

X18. 5 The Contractor’s liability for Defects due to The greater of his design of an item of Equipment is limited to  the total of the Prices at the Contract Date and  the amounts excluded and unrecoverable from the Employer’s insurance (other than the resulting physical damage to the Employer’s property which is not excluded) plus the applicable deductibles in the Employer’s assets and works / maintenance policies available on ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/Tenders/InsurancePolicies Procedures/Pages/EIMS_Policies_ From_1_April_2014_To_31_March_2015.aspx The Contractor’s total liability to the the total of the Prices other than for the additional Employer, for all matters arising under or excluded matters. in connection with this contract, other than the excluded matters, is limited to The Contractor’s total liability for the additional excluded matters is not limited. The additional excluded matters are amounts for which the Contractor is liable under this contract for  Defects due to his design, plan and specification,  Defects due to manufacture and fabrication outside the Affected Property,  loss of or damage to property (other than the Employer’s property, Plant and Materials),  death of or injury to a person and  infringement of an intellectual property right. The end of liability date is months after the end of the service period.

X18. 2 The Contractor's liability to the Employer for the Employer's indirect or consequential loss is limited to the amount stated in the Contract Data. For any one event, the liability of the Contractor to the Employer for loss of damage to the Employer's property is limited to the amount stated in the X18.3 Contract Data. The Contractor's liability to the Employer for Defects due to his design of an item of Equipment is limited to the amount stated in the Contract Data. X18.4 The Contractor's total liability to the Employer for all matters arising under: in connection with this contract, other than the excluded matters, is limited: the amount stated in the Contract Data and applies in contract, tort or delict and otherwise to the extent allowed under the law of the contract. The excluded matters are amounts payable by the Contractor as stated in the contract for • loss of or damage to the Employer's property, • low service damages if Option X17 applies, • delay damages if Option X19 applies and • Contractor's share if Option C applies. X18.5 The Contractor is not liable to the Employer for a matter unless it is notified to the Contractor before the end of liability date.

X18. 5 damage to the Employer’s property is insurance policy available on request limited to The Contractor’s liability for Defects due to The greater of his design of an item of Equipment is limited to  the total of the Prices at the Contract Date and  the amounts excluded and unrecoverable from the Employer’s insurance (other than the resulting physical damage to the Employer’s property which is not excluded) plus the applicable deductibles in the Employer’s assets and works / maintenance policies available on request The Contractor’s total liability to the the total of the Prices other than for the Employer, for all matters arising under or additional excluded matters. in connection with this contract, other than the excluded matters, is limited to The Contractor’s total liability for the additional excluded matters is not limited. The additional excluded matters are amounts for which the Contractor is liable under this contract for  Defects due to his design, plan and specification,  Defects due to manufacture and fabrication outside the Affected Property,  loss of or damage to property (other than the Employer’s property, Plant and Materials),  death of or injury to a person and  infringement of an intellectual property right. The end of liability date is 52 weeks after the end of the service period. X19.5 The Contractor submits a Task Order - 5 days of receiving the Task Order programme to the Service Manager within - Additional Emergency Conditions Apply

X18. 2 The Contractor’s liability to the Employer for indirect or consequential loss is limited to For any one event, the Contractor’s liability to the Employer for loss of or damage to the Employer’s property is limited to R0.0 (zero Rand) the amount of the deductibles relevant to the event described in the “Format TSC3” insurance policy available on ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/Tenders/InsurancePolicies Procedures/Pages/EIMS_Policies_ From_1_April_2014_To_31_March_2015.aspx

X18. 5 The Contractor’s liability for Defects due to The greater of his design of an item of Equipment is limited  the total of the Prices at the Contract to Date and the amounts excluded and unrecoverable from the Employer’s insurance (other than the resulting physical damage to the Employer’s property which is not excluded) plus the applicable deductibles in the Employer’s assets and works / maintenance policies available on request from Eskom Group Insurance The Contractor’s total liability to the the total of the Prices other than for the Employer, for all matters arising under or additional excluded matters. in connection with this contract, other than the excluded matters, is limited to The Contractor’s total liability for the additional excluded matters is not limited. The additional excluded matters are amounts for which the Contractor is liable under this contract for  Defects due to his design, plan and specification,  Defects due to manufacture and fabrication outside the Affected Property,  loss of or damage to property (other than the Employer’s property, Plant and Materials),  death of or injury to a person and  infringement of an intellectual property right. The end of liability date is 12 months after the end of the service period. X19.5 The Contractor submits a Task Order programme to the Site Service Manager