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Saudi Electricity Company

CONTRACT NO.

SCHEDULE "A"
20.9

30621090/00

Consequential Damages
CONTRACTOR, its agents and SUBCONTRACTORS, shall not be liable in any
event to COMPANY nor shall COMPANY be liable to CONTRACTOR, Its agents
and SUBCONTRACTORS, for any indirect, special, consequential losses or
damages including, but not limited to, loss of profit or products, whether such
liability is based, or claimed to be based upon any breach of either party's
obligations under the CONTRACT, or whether such liability is based, or claimed
to be based, upon any negligent act or omission of a party, its personnel,
agents, appointed representatives or SUBCONTRACTOR.

20.10

Maxjmum liability
Except as provided in Paragraph 20.7 and notwithstanding anything contained
elsewhere in this CONTRACT to the contrary, the total liability of CONTRACTOR
and his SUBCONTRACTORS to COMPANY under this CONTRACT shall not
exceed the amount of the CONTRACT Price set forth in Paragraph 1.1 of
Schedule "C" as may be modified from time to time. All liabilities under this
CONTRACT shall terminate four (4) years from Final Acceptance of the WORK
except for the warranty liabilities contained in Paragraphs 18.3 and 18.6 of
Schedule "A".

21.

Insurance
21.1

Carrv and Maintain Insurance at all Times

CONTRACTOR shall, at its own expense, carry and maintain in force at all times
the following insurance policies:
21.1.1

Comprehensive General Liability Insurance CCGLl

a)

Coverage
Comprehensive General Uability Insurance coverage with limits
of no less than twenty million Saudi Riyals (SR 20,000,000)
per occurrence for bodily injury, death or property damage
during the performance of the WORK. CONTRACTOR represents
and warrants that the aforesaid insurance covers, without
limitation, loss of, or damage to COMPANY's other property for
which CONTRACTOR is responsible pursuant to Paragraph 20.5 of
this Schedule "A".

b)

Term
CONTRACTOR shall carry and maintain this insurance in full force
at all times from the effective date of the CONTRACT through the
Preliminary Acceptance of all the PROJECT PORTIONS and
thereafter during the Warranty Period, and until CONTRACTOR has
fully demobilized from the WORK SITE.

c)

Designation of SELLER and

Insured in CGL

COMPANY as Additional

Comprehensive General Uability Insurance shall designate

SELLER and COMPANY as additional insured as regards SELLER's
and COMPANY's liabilities for WORK performed by CONTRACTOR
pursuant to the CONTRACT.

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Construction of Qurayyah Open Cycle Power Plant- Schedule A

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Saudi Electricity Company

CONTRACT NO.

SCHEDULE "A"

30621090/00

Such policy shall contain a cross-liability clause so that SELLER,

COMPANY and CONTRACTOR are regarded as third parties to
each other.
21.1.2

CONTRACTOR's All Risk Insurance

a)

Coverage
CONTRACTOR's All Risk Insurance (CAR) coverage for the entire
PROJECT. The sum insured per occurrence shall be no less than
the total CONTRACT Price or replacement cost of the PROJECT
and the cost of removing debris following an insured loss.

b)

CAR - Policy to be extended to cover In-Land Transit with a

sub-limit of estimated value of items carried at any one time.

c)

Term
CONTRACTOR shall carry and maintain this. insurance in full force
at all times from the effective date of the CONTRACT through the
Preliminary Acceptance of all the PROJECT PORTIONS and
thereafter during the Warranty Period, and until CONTRACTOR has
fully demobilized from the WORK SITE.

d)

Designation of SELLER and

Insured in CAR

COMPANY

as Additional

CONTRACTOR's All Risk Insurance shall designate SELLER and

COMPANY as additional insured as regards SELLER's and
COMPANY's liabilities for WORK performed by CONTRACTOR
pursuant to the CONTRACT.
Such policy shall contain a cross-liability clause so that SELLER,
COMPANY and CONTRACTOR are regarded as third parties to
each other.
21.1.3

Professionallndemnitv Insurance
CONTRACTOR shall effect and maintain [a single project] Professional
Indemnity insurance from the effective date of this CONTRACT until the
date three (3) years from Final Acceptance of the WORK in the names
of the CONTRACTOR, its SUBCONTRACTORS and consultants to
indemnify them in respect of their legal liability for claims made against
them during the period of insurance for any negligent act, error or
omission by the CONTRACTOR, its SUBCONTRACTORS and consultants
in the conduct and execution of their professional activities and duties
relating the design and/or supervision of installation and/or testing and
commissioning of the WORK. This insurance shall be in the amount of
SR: 2,000,000 in respect of each claim and SR: 20,000,000 in the
aggregate for all claims during the period of insurance, and shall be
subject to worldwide jurisdiction. The deductible shall not exceed SR:
25,000 in respect of each claim or such other amount, which the
COMPANY, acting reasonably, may approve in writing.

21.1.4

Completed Operations Third Party Liability Insurance

CONTRACTOR shall effect and maintain in the joint names of the
COMPANY, the CONTRACTOR, its SUBCONTRACTORS, and S!-!Ch other
persons or parties as the COMPANY may choose Completed

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Construction of Qurayyah Open Cycle Power Plant- Schedule A