LAIBIN B Works Conditions of Contract-Revision J Page 8DEFINATIONS AND INTERPRETATIONCLAUSE 11.1.DefinitionsIn the Civil Works Contract (as hereinafter defined) the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires:(a)“Employer” means Alsthom Export/Cofiva and the legal successors in title to such person, but not (except with the consent of the Contractor) any assignee of such person.“Contractor” means SAEI/SBC Joint Organization, where SAEI and SBC are jointly and severally liable towards the Employer, and the legal successors in title to such person, but not (except with the consent of the Employer) any assignee of such person.“Subcontractor” means any person named in the Civil Works Contract as a subcontractor for a part of the Works or any person to whom a part of the Works has been subcontracted with the consent of the Employer and the legal successors in title to such person, but not any assignee of any such person.“Employers Representative” means a person appointed from time to time by the Employer under Sub-Clause 2.2.(b)“Appendix” means one of the appendices attached and forming part of the Civil Works Contract“bill of quantities” means the priced and completed bill of quantities included in Appendix 8(“Contract Price Breakdown”).“Civil Works Contract” means the documents listed in Sub-Clause 5.2.“Civil Works Contract Master Schedule” refers to the programme of the Works provided in Appendix 5 hereto.“Commencement Date” means the date upon which the Contractor receives the Notice to Commence issued by the Employer pursuant to Clause 41.“Conditions of Contract” means the present conditions of contract.“Contract Agreement” means the contract agreement dated 18 September 1997, referred to hereabove.“Contract Price” means the sum as defined in Clause 71 of the Conditions of the Contract as payable to the Contractor for the execution and completion of the Works and the remedying of any defects therein in accordance with the provisions of the Civil Works Contract.“Contractors Equipment” means all appliances and things of whatsoever nature (other than Temporary Works) required for the execution and completion of the Works and the remedying of any defects therein, but does not include Plant, materials or other things intended to form or forming part of the Permanent Works“Construction Services Contract” means the contract signed between the Owner and the Employer for all the services related to the Laibin B Project to be rendered in China.“cost” means all expenditure properly incurred or to be incurred, whether on or off the Site, including overhead and other charges properly allocable thereto but does not include any allowance for profit.“Day” means calendar day.“Defects Liability Period” refers to the 18 month period defined in Sub-Clause 49.1.“Drawings” means all drawings, calculations and technical information of a like nature provided by the Employer to the Contractor under the Civil Works Contract and all drawings, calculations, samples, patterns, models, operation and maintenance manuals and other technical information of alike nature submitted by the Contractor and approved by the Employer.“Electro-mechanical Activity” means any activity to be performed for the construction of the Power Plant without being included in the Works.“Foreign Currency” means a currency of a country other than in which the Works are to be located.“Item” shall mean an element of the detailed breakdown of the Works (e.g.: concrete for walls),as defined in the Job Rating Specifications.“Job Rating Specifications” means the part of Appendix 2 (Technical Specification), which describes the nature of items and the corresponding assessment of quantity.“Key Event” means Substantial Completion of a part of the Works that is necessary for the commencement of Electro-mechanical Activity (ies) critical to the Project.“Leaders” means Credit Agricole Indosuez and/or independent financial institutions with whom the Owner arranges funding for the Laibin B Project.“Letter of Agricole Indosuez and/or independent financial institutions with whom the Owner arranges funding for the Laibin B Project.“Letter of Acceptance” means the formal acceptance by the Employer of the Tender.“Major Key Event” refers to the most critical Key Events as defined in Sub-clause 43.2.“Notice to Commence” refers to the notice issued by the Employer to the Contractor as per the provisions of Sub-Clause 41.1.“Permanent Works” means the permanent works to be executed (including Plant) in accordance with the Civil Works Contract.“Plant” means machinery, apparatus and the like intended to form or forming part of the Permanent Works.“Progress Certificate” means the monthly certificate certified by the Employer stating the percentage of the progress on Site, to be issued not later