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27.5except as provided in this article 27 （defect liability）andarticle 32 （loss or damagetoproperty/accidentorinjurytoworkmen/indemnification）hereof， the supplier shall be under no liabilitywhatsoever and howsoever arising， and whether under the contract or atlaw， in respect of defects in the contract plant or the equipment or anypart thereof， materials， design or engineering or work executed or errorsor mistakes in the technical documents or any part thereof or in thetechnical services.
article 28.process performance guarantees
28.1process performance guarantees and performance test
the supplier guarantees that， during the performance test or anyrepeated run thereof， the contract plant shall attain the processperformance guarantees specified in appendix 5 （process performanceguarantees）hereto subject to and upon the conditions specified in thisarticle 28 （process performance guarantees）and the said appendix 5.
28.2preconditions
the process performance guarantees under article 28.1 （processperformance guarantees and performance test）above shall be expresslyconditioned upon the following being fully satisfied or fulfilled by or onbehalf of the buyer:
（a）any and all supplies and works （except for those falling withinthe supplier's scope of supplies and services under the contract)， such asdesign of the contract plant （other than the equipment）and/or itsassociated facilities to be executed by or on behalf of the buyer，equipment， machinery and materials for the contract plant （other than theequipment）and/or its associated facilities to be supplied by or on behalfof the buyer， civil， building， erection， installation and commissioningworks and operation and maintenance of the contract plant and/or itsassociated facilities， shall be properly provided or performed by thebuyer and shall be in accordance with the requirements under the contract，the technical documents and the technical advice and instructions given bythe supplier's engineer under the contract.
（b）the buyer shall， during the commissioning and the performance testof the contract plant （including any repeated run thereof）provide， at itsown expense skilled and well-trained laborers andoperators，rawmaterials， lubricants， consumables， other materials and supplies， tools，testing and measuring devices and utilities in reasonably sufficientquantity with required quality， needed for proper execution of thecommissioning and the performance test （including any repeated runthereof)， in accordance with the requirements under the contract， thetechnical documents and the technical advice and instructions given by thesupplier's engineer under the contract， and shall give the supplier'sengineer opportunities to check them in advance or at all reasonable timesduring the commissioning and the performance test （including any repeatedrun thereof). the supplier's engineer may reject such laborers andoperators， raw materials， lubricants， consumables， other materials andsupplies， tools， testing and measuring devices and utilities which thesupplier's engineer deems to be unsuitable， of insufficient quality， notsuitably prepared or otherwise inadequate for the commissioning or theperformance test （including any repeated run of said performance test).
（c）the performance test （including any repeated run thereof）shall becarried out by the buyer under the technical advice and instructions givenby the supplier's engineer under the contract， in accordance with suchprocedures programs， methods， testing conditions and other terms andconditions as provided for in the contract and in compliance with therelevant technical documents.
28.3minimum level
if， for reasons attributable to the supplier， the minimum level of theprocess performance guarantees specifiedinappendix5（processperformance guarantees）hereto is not met either in whole or in partduring the performance test， the supplier shall at its cost and expensemake such changes， modifications and/or additions to the contract plant orany part thereof as may be necessary so as to meet at least the minimumlevel of such guarantee， in such manner and to such extent as specified inarticles 27.2.1， 27.3.1 and 27.4.1 above. the supplier shall notify thebuyer upon completion of the necessary changes， modifications and/oradditions and shall repeat the performance test in the same manner as thatof the first performance test until the minimum level of such guaranteehas been met.
28.4failure to meet performance guarantees
if， for reasons attributable to the supplier， the process performanceguarantees specified in appendix 5 （process performance guarantees）heretoare not attained either in whole or in part， but the minimum level of theprocess performance guarantees is met during the performance test， thesupplier shall， at its option， either;
（a）make such changes， modifications and/or additions to the contractplant or any part thereof as may be necessary in order to attain theprocess performance guarantees in such manner and to such extent asspecified in articles 27.2.1， 27.3.1 and 27.4.1 above at its cost andexpense and/or offer the buyer to change the operating conditions of thecontract plant whereupon a further performance test shall be carried outin the same manner as that of the first performance test， subject，however， to the changed operating conditions of the contract plant， if somutually agreed upon， or
（b）pay liquidated damages to the buyer in respect of the failure tomeet the process performance guarantees in accordance with appendix 5（process performance guarantees）hereto.
if the supplier exercises the option specified in item （a）above， andany performance test carried out pursuant thereto fails to attain theprocess performance guarantees referred to above either in whole or inpart for reasons attributable to the supplier， then the foregoingprocedures shall apply to the subsequent course of action and proceduresto be taken by the supplier.
28.5payment of liquidated damages
the payment of liquidated damages under article 28.4 （failure to meetperformance guarantees）above shall be in complete satisfaction of thesupplier's guarantees under article 28.1 （process performance guaranteesand performance test）above and any other corresponding or equivalentprovision set out in the contract （whether in appendix 7 hereto orotherwise）and the supplier shall have no further liability whatsoever tothe buyer in respect thereof. upon the payment of such liquidated damagesby the supplier， the buyer shall issue the acceptance certificate for thecontract plant in respect of which the liquidated damages have been sopaid.
article 29.patent indemnity
29.1the supplier shall， until the cut-off date defined in paragraph 1of appendix 6 （license conditions）hereto and subject to other conditionsset out therein including， but not limited to， the limitation of liabilitypursuant to paragraph 5 thereof and to the buyer's compliance with article29.2 below， indemnify and hold harmless the buyer and its employees andofficers from and against any and all suits， actions or administrativeproceedings， claims， demands， losses， damages and costs and expenses ofwhatsoever nature， including attorney's fees and expenses， which the buyermay suffer as a result of any infringement or alleged infringement of anypatent， utility model， registered design， trademark， copyright or otherintellectual property right registered or otherwise existing at the dateof this agreement by reason of;

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