Agenda - 08-21-2012 - 5m - Laserfiche WebLink

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� 014 I � d. Should the Architect, if an architect is retained for the project involving the Work, or Owner ; ' reject any portion of the.Work for failing to comply with the Contract Documents Contractor � shall immediaxely, at Contractor's expense, correct the Work. Any such rejection may be ' made before or after substantial completion. If applicable,any additional expense borne by the Architect under this section shalI be paid at Contractor's expense. e. The Conttactor shall nat assi an � � y portion of this Agreement nor subcontract the Work in its ; entirety without the prior written conser�t of the Owner. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES ', a. Qwner and Contractor mutually waive any claim against each other for consequential dsmages. ' Consequential Damages include: , i. Damages incurred by Owner for loss of use,income,financing,or business. � ' ii. Damages incurred by Contractor for offce expenses, including personnel, toss of I . financing, profit, income, business, damage to reputation, or any other non-direct ' . damages. b. Liquidated damages shall be in accord with the Contract Documents. • 13. TERNIINATION OR SUSPENSION a. The Owner may, without cause, order the Conhactor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. In the event � of termination by the Owner under this Agreement,the Contractor shall be enritled to receive its reasonable and documented direct costs prior to termination, including the cost of materials . purchased for the Work which purchases cannot be canceled or which materiat cannot reasonably be used by the Contractor on other work,and the cost of closing down the work in a safe and efficient manner. � i. If Owner orders a delay, suspension or interruption of the Work, and such order is not due to or as a result of any fault on the part of the Contractor, the Contractor may recover a per diem amount at a rate calculated by the Contract Documents. � ii. If Contractor elects to accept the amount listed in the General Conditions pmvision of the Construction Documents Contractor waives any right to further claims for payment of damages sustained as a result of Owner's order to delay, suspend or interrupt the Work. b. Contractor may terminate the Contract if,at the Owner's written direction,the Work is stopped ; for thirty (30) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person.performing work putsuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawfiil order that requires all work to be stopped and such stoppage lasts for thirty(30)consecutive days. 14. ENTIRE AGREEMENT All of the documents listed,referenced or described in this�4greement, the written Notice-to-Proceed, ' together with Modifications made or issued in accordance herewith are the.Contract Documents,and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Revised November 2011