16 LABOUR UNDER SUPERVISION
16.1 THE SKILLED AND UNSKILLED LABOUR UNDER SUPERVISION OR
INSTRUCTION BY BEI PERSONNEL SHALL REMAIN UNDER THE CONTROL OF THE RESPECTIVE CONTRACTOR EMPLOYING SUCH LABOUR.
NEITHER
EI NOR BE! PERSONNEL SHALL BE LIABLE FOR ANY ACT OR OMISSION
OF SUCH LABOUR.
17. PREVENTION OR DELAY IN PERFORMANCE.
17.1 IF EITHER PARTY TO THIS AGREEMENT IS PREVENTED OR DELAYED IN THE PERFORMANCE OF ITS OBLIGATION BY EVENTS BEYOND ITS CONTROL
SUCH PARTY SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AND ALSO TO THE SECRETARY OF STATE FOR INDUSTRY SPECIFYING THE OBLIGATION, THE PERFORMANCE OF WHICH IS PREVENT OR DELAYED, AND THE RESPECTIVE CAUSE. SUCH A PARTY SO PREVENTED OR DELAYED SHALL BE EXCUSED FROM THE PERFOMANCE OR PUNCTIAL PERFORMANCE OF SUCH OBLIGATIONS FROM THE DATE OF SUCH NOICE FOR SO LONG AS THE PREVENTION OR DELAY SHALL CONTINUE, SUBJECT TO THE TERMINATION OF
THIS AGREEMENT UNDER ARTICLE 3.1.
17.2 THE TERM QUOTE EVENTS BEYOND ITS CONTROL UNQUOTE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
(A) ANY WAR OR HOSTILITIES.
(B) ANY RIOT OR CIVIL COMMOTION.
(C) ANY GOVERNMENT INTERVENTION (LEGAL OR OTHERWISE).
(D) ANY EARTHQUAKE, FLOOD, FIRE OR OTHER NATURAL PHYSICAL
DISASTER.
(E) ANY DENIAL OF THE USE OF ANY RAILWAY, PORT, AIRPORT, SHIPPING SERVICE OR OTHER MEANS OF PUBLIC TRANSPORT BEYOND THE CONTROL OF THE PARTY CONCERNED.
(F) ANY STRIKE OR LOCKOUT OR OTHER INDUSTRIAL ACTION (WHETHER SUCH ACTION BE LAWFUL OR UNLAWFUL) BY ANY TRADE UNION OR COMBINATION OF WORK PEOPLE OR EMPLOYERS.
(G) ANY ADMINISTRATIVE DELAYS INCLUDING OBAINING WORK PERMITS, EXPORT/IMPORT LICENCES, AND OTHER PERMITS AD LICENCES.
18. REPLACEMENT
18.1 KESCO RESERVE THE RIGHT, AFTER CONSULTATON WITH BEI, TO REQUEST THE RETURN OF ANY BEI PERSONNEL TO THE UNITED KINGDOM SHOULD HIS SERVICE OR CONDUCT BE PROVED TO BE UNSATISFACTORY.
19. INTERPRETATION.
19.1 THIS AGREEMENT SHALL BE CONSIDERED AS A COTRACT MADE IN ENGLAND AND SUBJECT TO ENGLISH LAW.
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