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All disputes, controversies, or differences which may arise between the parties, out of or in relation to or in connection with this agreement, or for the breach thereof shall be settled through amicable consultation. If three occasions of consultation fail to settle, Agreements on Mutual Encouragement and Protection of Investment between the Government of the People’s Republic of China and the Government of the UK shall apply.
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(9) Where, under the contract, the engineer is required to exercise his direction by:(a) Giving his decision, opinion or consent, or(b) Expressing his satisfaction or approval, or(c) Determining value, or(d) Otherwise taking action which may affect the rights and obligations of the employer or the contractor, he shall exercise such discretion impartially within the terms of the contract.
(10) Force Majeure (“Excepted Risks”) shall mean an occurrence beyond the control and with out the fault or negligence of the party affected including, but not limited to war, hostilities (whether war to be declared or not), invasion, act of foreign enemies, rebellion, revolution, insurrection or military usurped power, civil war, strikes, riots, commotion or disorder, earthquakes, or any similar operation of forces of nature as are not within the control of the party affected and which, by the exercise of reasonable diligence, the said party is unable to prevent or provide against.
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