THIRD PARTY INSURANCE
23.1 Third Party Insurance
Throughout the execution of the Works the Contractor shall, without limiting its
obligations and responsibilities under Clause 22, insure in the joint names of the
Employer and the Contractor for at least the amount stated in the Appendix to
Tender against its liability for any death of or injury to any person (including any
employee of the Employer) or any damage or loss to any property (including any
property of the Employer) caused by or arising out of or in consequence of the
execution of the Works other than due to the matters referred to in the exceptions to
Clause 22.1.
23.2 Cross Liabilities clause
The policies of insurance taken out under Clauses 21.1 and 23.1 shall contain a
cross-liabilities clause indemnifying each of the jointly insured against claims made
on it by the other jointly insured.
23.3 Professional Indemnity Insurance/Product Liability Insurance
If and to the extent that the Contractor or any Sub-Contractor is responsible for
providing designs for all or part of the Works the Contractor or (subject to the
Engineer's prior consent) such Sub-Contractor shall take out and maintain
professional indemnity insurance and/or product liability insurance covering the
Contractor's design liability under the Contract without unusual or onerous
conditions attached to it for the Works or part of the Works as set out in the
Appendix to Tender and in the amount or amounts set out in the Appendix to
Tender for any one claim with the number of claims unlimited for a period
beginning no later than the Commencement Date and ending ten (10) years after the
date of Completion stated in the Taking Over Certificate for the whole of the
Works. If the Engineer provides its consent to one (1) or more Sub-Contractors
taking out and maintaining such insurance in place of the Contractor, then such
consent shall be subject to the Contractor obtaining from each Sub-Contractor and
submitting to the Employer a signed Direct Agreement in the form set out in Annex
7. ACCIDENT OR INJURY TO WORKMEN
24.1 Accident or Injury to Workmen
The Employer shall not be liable for or in respect of any damages or compensation
payable in respect or in consequence of any accident or injury to any workman or
other person in the employment of the Contractor or any Sub-Contractor, save and
except an accident or injury resulting from any act or default of the Employer, its
employees, agents or servants. The Contractor shall indemnify and keep
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