2006 NS Contract - Buckhorn Rd EDD/Gravelly Hill Water/Sewer Project - Mebtel Telephone Service Lines

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t! SECTION II -GENERAL PROVISIONS 1. Notification of Ininry or Damage: MebTel shall promptly notify Orange County of any injury, death, loss or damage to persons, animals, or property which is in any way related to the work performed under this Contract, regardless of such occurrence was not caused or contributed to by MebTel or MebTel's employees and agents. 2. Withholding of Payments. Liens: MebTel shall pay each material supplier, if any, within five (5) days after receipt of any payment from Orange County, the amount thereof allowed on account of materials furnished by each material supplier. Orange County may withhold money due for claims from contractors and third parties which might be the subject of reimbursement to MebTel by Orange County. If Orange County is advised that MebTel is not promptly paying material suppliers as set out above, or if Orange County is advised that employees of MebTel are not being promptly paid, then Orange County may withlold such money due as Orange County deems sufficient to insure the obligations incurred by MebTel in connection with the work covered by this Contract will be paid in full. MebTel shall at its expense keep any right of way to Orange County's premises and all property belonging to Orange County and/or the right of way Orange County free and clear of any and all ~of the above mentioned liens and rights of lien arising out of services, labor, equipment, or materials furnished by MebTel or its employees, materiahnen, or contractors in the performance of the Work. If MebTel fails to release and discharge any such claim of lien against the right of way Orange County's premises or the property of Orange County and/or the right of way Orange County arising out of performance of the Work within five (5) working days after receipt of written notice from Orange County to remove such claim of lien, Orange County may, at its option, discharge or release the claim of lien or otherwise deal with the lien claimant, and MebTel shall pay Orange County any and all costs and expenses to Orange County in so doing, including reasonable attorney's fees incurred by Orange County. Alternatively, Orange County may, at its choosing, deduct such costs and fees from MebTel's invoices. 3. Changes in Proiect: Orange County may not make changes in the Project by altering, adding to or deducting from the Project once MebTel has ordered material,. subject to any necessary agreement regarding additions to the purchase price as provided herein. All adjustments in the contract price by reason of any addition to the contract shall be agreed to in writing by the parties prior to commencement of the actual work in connection with such change. Orange County may not terminate work to be performed under this contract once MebTel has ordered the material for the project. .MebTel shall recover from Orange County as complete and full settlement of all amounts due to MebTel 4. Scheduled Completion Date(s): In the event that a schedule change results in a material increase in cost or a material delay to MebTel, MebTel shall be reimbursed for such additional cost and its time for performance under this contract shall be extended by the length of any delay caused by such schedule change. MebTel's time for performance under this contract shall also be extended by the length of any delay caused by: act of God; including fire or flood; lack of or delay in transportation (not caused by a failure of MebTel to order correct materials on a timely basis given normal delivery schedules); waz or civil disorder; strikes or other labor disputes; or the failure of a third party to grant any necessary underlying rights to Orange County (provided that MebTel has made timely and reasonable commercial efforts to obtain the same). In the event that MebTel claims an extension under this paragraph, it shall notify Orange County in writing of the existence of the event relied on and the cessation or termination of said event, and shall exercise reasonable commercial efforts to minim;~e the time of any such delay.