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（a）the execution of the works by the supplier or the use of thecontract plant in the country where the contract plant is to beconstructed， or
（b）the sale of the products produced by the contract plant in anycountry except those countries which are excluded or where restrictionsare placed on the buyer as set out in appendix 6 （licence conditions)hereto.
provided that such indemnity shall not cover any use of the contractplant or any part thereof otherwise than for the purpose indicated by orreasonably to be inferred from the contract or any infringement which isdue to the use of the contract plant or any part thereof or any productsproduced thereby in association or combination with any other equipment，plant， material or process not supplied or licensed by the supplierpursuant to the contract.
29.2if any proceeding is brought or any claim is made against thebuyer arising out of the matters referred to in article 29.1 above， thebuyer shall promptly give the supplier a notice thereof and the suppliermay at its own expense and in the buyer's name conduct such proceeding orclaim and any negotiation for the settlement of any such proceeding orclaim.
if the supplier fails to notify the buyer within twenty-eight （28)days after receipt of such notice that it intends to conduct any suchproceeding or claim， then the buyer shall be free to conduct the same onits own behalf. unless the supplier has so failed to notify the buyerwithin the twenty-eight （28）day period， the buyer shall make no admissionwhich may be prejudicial to the defense of any such proceeding or claim.
the buyer shall， at the supplier's request， afford all availableassistance to the supplier in conducting such proceeding or claim， andshall be reimbursed by the supplier for all reasonable expenses incurredin so doing.
29.3the buyer shall indemnify and hold harmless the supplier and itsemployees， officers and sub-contractors from and against any and allsuits， actions or administrative proceedings， claims， demands， losses，damages and costs and expenses of whatsoever nature， including attorney'sfees and expenses， which the supplier may suffer as a result of anyinfringement or alleged infringement of any patent， utility model，registered design， trademark， copyright or other intellectual propertyright registered or otherwise existing at the date of this agreementarising out of or in connection with any design， data，drawing，specification， or other document or material provided or designated by oron behalf of the buyer.
article 30.limitation of liability
30.1notwithstanding anything to the contrary provided in thecontract， the aggregate liability of the supplier to the buyer withrespect to the defect liability under article 27 （defect liability)， thepatent indemnity under article 29 （patent indemnity）hereof and theliquidated damages payable to the buyer under articles 26.2 （late deliveryof equipment)， 26.3 （late delivery of technical documents）and 28.4（failure to meet performance guarantees）hereof， except for the liabilityto repair， replace or otherwise make good any defect in， or any damage to，the equipment or any part thereof under articles 27.2.1， 27.3.1， 27. 4.1and 28.3 （minimum level）and 28.4 （failure to meet performance guarantees)hereof， to correct the erroneous or mistaken technical documents andre-deliver the technical documents so corrected under article 27.3.1hereof and to reperform the technical services related to the erroneous ormistaken written technical advice or instructions given by the supplier'sengineer under article 27.4.1 hereof， shall not exceed _________ per cent（_________%）of the contract price.
30.2the supplier shall in no event be liable to the buyer by way ofindemnity or by reason of any breach of the contract or in tort orotherwise for loss of or damage to any facility， equipment， machinery ormaterial other than the contract plant and for loss of use of the contractplant and/or its associated facilities or any part thereof or for loss ofproduction， loss of profit or loss of any contract， or for any indirect，special or consequential loss or damage that may be suffered by the buyerin connection with the contract.
article 31.transfer of risk of loss and buyership
31.1risk of loss of the equipment shall be transferred from thesupplier to the buyer upon delivery of the equipment as specified inarticle 22.2 （delivery）hereof in accordance with the provisions ofincoterms. buyership of the equipment shall be transferred from thesupplier to the buyer upon transfer of risk of loss of the equipment asspecified above.
31.2risk of loss of the technical documents shall be transferred fromthe supplier to the buyer upon its delivery to transportation company （incase of air cargo）or special courier services company （in case of specialcourier services). buyership of the technical documents subject tolimitations specified in the relevant provisions hereof shall also betransferred to the buyer upon delivery of the technical documents asspecified above.
article 32.loss or damage to property/accident or to workmen/ indemnification
32.1each party hereto shall waive all claims for recovery from theother party for any death or personal injury of any of its personnel orloss or damage to any of its property （including the contract plant)arising out of， or in connection with， its performance of the contract.
32.2the buyer shall indemnify and hold harmless the supplier and thesupplier's engineer from all claims or suits from third parties for anydeath or personal injury arising out of， or in connection with， theperformance of the works in the buyer's country.
32.3the party entitled to the benefit of an indemnity under thisarticle 32 shall take all reasonable measures to mitigate any loss ordamage which has occurred. if the party fails to take such measures， theother party's liabilities shall be correspondingly reduced.
article 33.insurance
33.1each party shall at its expense take out and maintain in effect，or cause to be taken out and maintained in effect， appropriate insurancesduring the performance of the contract.
article 34.change in laws and regulations
34.1if， after the date of the agreement， in any country where theequipment or any part thereof is to be manufactured or in the countrywhere the contract plant is located， any law， regulation， ordinance， orderor by-law having the force of law is enacted， promulgated， abrogated orchanged （which shall be deemed to include any change in interpretation orapplication by the competent authorities）which subsequently affects thecosts and expenses of the works， thecontractpriceshallbecorrespondingly increased or decreased to the extent that the supplier hasthereby been affected in the performance of any of its obligations underthe contract.
article 35.force majeure
35.1"force majeure" shall mean any event beyond the reasonablecontrol of the buyer or the supplier， as the case may be， and which isunavoidable notwithstanding the reasonable care of the party affected， andshall include， without limitation， the following:
（a）war， hostilities or warlike operations （whether a state of war bedeclared or not)， invasion， act of foreign enemy， civil war; or
（b）rebellion， revolution， insurrection， mutiny， usurpation of civilor military government， conspiracy， riot， civil commotion， terrorist acts;or

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