Damage to Property When Contractor Not Negligent Clause

The Contractor shall maintain in the joint names of the Employer and Contractor such Insurances as may be specifically stated by way of Provisional Sum items in the Specification or other contract Documents in respect of any damage, expense, liability, loss, claim or proceedings which the employer may incur or sustain due to injury or damage of any kind to property real or personal (including property of the Employer but not the Works themselves) arising out of or in the course of or by reason of the carrying out of the Works and caused otherwise than by the negligence, omission, breach of contract or default of the Contractor, his servants or agents, or of any sub-contractor, direct or indirect, and his servants or agents, Provided that the Contractor shall be under no liability to the Employer should the provision of such insurance in the event prove impossible or impracticable to obtain following receipt of the relevant Architect’s instructions under the said Provisional Sum items.

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