19.3.2 If CONTRACTOR fails to carry out any such work under Article 19.3.1 within fifteen (15) DAYs of being required to do so by OWNER, OWNER shall be entitled to carry out such work by its own workmen or to employ and pay other persons to carry out the same and all expenses consequent thereon or incidental thereto shall be recoverable from CONTRACTOR, or may be deducted by OWNER from any money due or which may become due to CONTRACTOR.
19.4 Performance Guarantees
If the actual performance of the PLANT as stated in Part 4.4 does not achieve the PERFORMANCE GUARANTEES of Part 4.4, CONTRACTOR shall, without undue delay and at no cost to OWNER make good the deficiency by carrying out any and all modifications, repairs or replacements of EQUIPMENT AND MATERIALS, including the necessary redesign, reengineering and reconstruction in order to fulfill the PERFORMANCE GUARANTEES.
19.5 Number of ACCEPTANCE TEST (Performance Tests)
CONTRACTOR shall perform Performance test to demonstrate that the FACILITIES are able to be operated in accordance with the PROJECT SPECIFICATION. Any costs of re-testing according to error or deflect attributed to CONTRACTOR shall be borne by CONTRACTOR.
19.6 Not Used
ARTICLE 20 INDEMNITY
20.1 CONTRACTOR shall indemnify, protect, defend and hold harmless OWNER, CONSULTANT, OWNER’S REPRESENTATIVE and their respective directors, officers, employees and agents from and against all loss, damage and claims of death and/or injury to CONTRACTOR’s employees or SUBCONTRACTORs or any properties of CONTRACTOR, CONTRACTOR’s employees or SUBCONTRACTORs howsoever arising.
20.2 CONTRACTOR shall indemnify, protect, defend and hold harmless OWNER, OWNER’ S REPRESENTATIVE and their directors, officers, employees and agents from and against all loss, damage, expense or claims arising out of any violations of legal provisions or rights of third parties in respect to patent or copyrights introduced into the WORK rendered by CONTRACTOR.
20.3 CONTRACTOR shall hold and save OWNER, CONSULTANT, OWNER’ S REPRESENTATIVE and their respective officers, agents and employees harmless from liability of any nature of kind, including costs and expenses for or an account of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance manufactured, delivered, or used in carrying out the WORK under the CONTRACT.
20.4 CONTRACTOR shall hold harmless and indemnify OWNER and CONSULTANT against any action, claim or demand, costs or expenses arising from, or incurred by reason of any infringement of a patent, design,