Reference your letter KPSS/SA/B/ANW/13/0235 dated November 30,2013, SAPMT has repeatedLY requested ICC by letters and also verbally to provide a method statement showing as to how ICC shall conduct detection surveys to ensure protection of underground utiltities, which ICC has failed to provide.//
ICC has to comply with schedule A clause 5.3 ‘’CONTRACTOR shall protect from damage all existing structures, improvements or utilities at or near the WORK Site, and shall repair and restore any damage thereto resulting from CONTRACTOR's failure to exercise reasonable care in protecting the same during CONTRACTOR's performance of the WORK. If CONTRACTOR fails or refuses to promptly repair any such damage, SAUDI ARAMCO may perform such repairs, or have them performed by others. Paragraph 15.2 shall control with respect to CONTRACTOR's financial liability arising from or related to such damage// It is mentioned in schedule A clause 7.6 & 26.2 , referred by you in your letter that ICC Performs all other obligations required of it by the terms of this Contract in such time and manner as to facilitate the orderly prosecution of the WORK . //In the schedule A 26.2 The term "force majeure" as referred by you and as used in this Contract shall mean any act, event, cause or occurrence rendering a party unable to perform its obligation which is not within the reasonable control and not caused by the negligence or fault of such party. ICC shall ensure that it is not negligent in meeting its obligations according to the contract and provides sufficient tools, equipment and manpower.