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Restrictions relative to Arms
and Ammunition.
Restrictions
relative to Spirituous Liquors.
Festivals, etc., of Natives to be regarded.
Works to be executed to the Satisfaction of the Engineer.
Works to be properly carried out to the Satis- faction of the Engineer.
Contractors to make good Settlements,
Watching and Lighting.
Execution of Works in Con- formity with the Contract Docu- ments.
Contract includes all necessary Operations.
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32. The Contractors shall not at any time during the continuance of this Contract sell, give, barter, or otherwise dispose of any arms or ammunition of any description to any natives or native, or permit or suffer any of their employees to make any such sale, gift, barter or other disposition.
33. The Contractors shall not at any time during the continuance of this Contract sell, give or barter any spirituous liquor, opium or other narcotic drug to any natives or native in the Colony or permit or suffer any such sale, gift, or barter to be made by any employees or Agent of the Contractors or import or authorise the importation of any spirituous liquors into the Colony or any part thereof otherwise than for the use of the European Agents or employees of the Contractors and upon and subject to such rules as may from time to time be made by the Government.
34. The Contractors at all times during the continuance of this Contract shall in all their dealings with natives for the time being employed on or in connection with the works contemplated by the Contract have due regard to all native festivals and religious or other customs and all disputes, matters and questions arising between the Contractors and any of their Agents on the one hand and any natives or native on the other hand with respect to any matter or thing in anywise connected with this Contract shall be decided by the Government, whose decision shall be final and binding on all parties.
35. The Contractors shall proceed with the Works with diligence and expedition and the whole of the Works herein specified, as well as the mode of execution, shall be under the supervision and direction, and shall be carried on to the entire satisfaction of the Engineer, who shall have full power to order the Contractors to alter, enlarge or diminish the forms, dimensions, position or quantities of any of the Works, or to make use of materials and workmanship of different descriptions and qualities from those herein specified.
36. The whole of the works, together with any temporary works associated therewith, shall be carried on in the most substantial, proper and workmanlike manner, with the best materials and workmanship, and to the entire satisfaction of the Engineer, and in such order of time as he may direct. The Contractors shall attend to and execute, without delay, all orders and instructions which may from time to time be issued by the Engineer.
37. The Contractors shall be responsible for all settlements in roads, sea walls, &c., arising out of the Works, and shall at their own expense make good the same.
38. The Contractors shall make provision for and take every precaution by the provision of efficient tugs, barges, boats, lifebelts, moorings, buoys, &c., by the erection of fences, by the lighting of the Works, and by every other means which circumstances may render necessary, or which the Engineer, Naval, Harbour or other authorities may direct, to protect the Works from injury, and the public, workmen or others, and shipping or other property from accident.
39. The whole of the Works shall be executed in perfect conformity with the Contract Documents, and such explanatory and detail Drawings, and directions as may be furnished from time to time by the Engineer for the guidance of the Contractors,
40. The Contract is to include the whole of the Works, whether permanent or temporary, which are described in, or implied by, the Contract Documents, all matters omitted from the Contract Documents which may be inferred to be obviously necessary for the efficiency, stability and completion of the permanent Works, also the performance of all other operations and the supplying of all materials, and things, whether permanent or temporary, and the doing of all other acts and things described in, or implied by, the Contract Documents, which may be deemed desirable or required for the completion in all respects of the Works to the entire satisfac- tion of the Engineer, and all such matters shall be deemed as included in the Contract Sum.
Works shown upon the Drawings and not mentioned in the Specification or described in the Specification without being shown on the Drawings, shall nevertheless
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be held to be included in this Contract, and their execution is to be covered by the Contract Sum, in the same manner as if they had been expressly shown upon the Drawings and described in the Specification also.
41. The Contractors must supply and take upon themselves the entire The Contractors responsibility for the sufficiency of the floating plant, scaffolding, timbering, machinery responsible for
to supply and be tools or implements, and generally of all the means used for the fulfilment of this the Sufficiency Contract, whether such means may or may not be approved of or recommended by of the Means the Engineer, and the Contractors must accept all risks of accidents or damages,
Employed. from whatever cause they may arise, until the completion of the Contract, and shall indemnify the Government against all claims in respect thereof accordingly.
42. The Contractors shall be responsible for all accidents and injury to persons The Contractors (whether they are employed by the Contractors, the Government or otherwise) caused to be Responsible directly or indirectly by any operations under this Contract or the neglect or omission Persons.
for Accidents to on the part of their Agents or anyone in their employ and they must meet and make good any just claims for compensation for injuries to any person or persons and hold the Government and every Member or Officer thereof harmless and indemnified from all such claims.
to be Protected.
43. The Contractors shall at their own expense protect and make good as may Property, etc., be necessary all work and properties which may be disturbed, interfered with or injured during the progress or in consequence of the construction of the Works, or which may be broken or damaged by their servants, agents or workmen, or by or in consequence of their acts or omissions.
44. The work shall be executed in a thoroughly substantial manner with Materials, Work- materials and workmanship of the best quality and strictly in accordance with the manship, etc. Specification and with the Drawings, or with such other drawings, or written instruc- tions as may from time to time be furnished to the Contractors in accordance with the terms of this Contract and shall be completed in every respect with all materials and workmanship implied and necessary according to the fair interpretation and meaning of the same, and should there be any discrepancy between the Drawings and the Specification, or any difference of opinion or dispute as to the dimensions to be worked to or the quality of the material to be used, or the mode of doing or periodical quantity of the work to be executed, or with respect to any subject arising out of this Contract, the decision of the Consulting Engineer with reference to all matters relating to the supply of material before shipment and of the Director with reference to all matters and things appertaining to the erection and equipment of the Works or otherwise to be performed, done or observed by the Contractors in the Colony shall be final and binding upon all parties.
45. All materials, plant and machinery other than materials purchased in the Colony shall, unless with the written consent of the Crown Agents to the contrary,
Materials to be British Empire bought in the
be manufactured within the British Empire and so far as possible shall be to British and to British Engineering Standards.
Engineering Standards. Materials
46. All materials which the Contractors may desire to purchase in the Colony purchased locally shall be inspected and approved by the Director before being used in the Works.
47. The Contractors shall commence work at such parts of the site and in such order as the Engineer shall direct in writing. The Engineer may from time to time by direction in writing without in any way vitiating this Contract alter the order of or direct the Contractors to suspend the Works or any part thereof at such time or times as the Engineer may deem desirable and the Contractors shall after receiving such direction proceed in the order directed and shall not after such direction to suspend the Works or any part thereof proceed with the work directed to be suspended until they shall receive a written order so to do from the Engineer.
to be approved
by the Director Power for Engineer to decide Order of Works.
48. The Contractors shall, from time to time, as and when required by the Contractors to Engineer, furnish the Engineer with a statement in writing of the arrangements they of Arrangements inform Engineer propose to adopt for the execution of this Contract and in case the Engineer shall at for execution of any time or times consider any alteration in the same desirable, the Contractors shall on notice thereof adopt such alteration.
Works.
186
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