Agenda - 12-11-2007-4lxtr - Laserfiche WebLink

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connection with the Project, and (ii} that aB payments for materials, services, and for any other reason in connection with the subcontract or supply contract have~been satisfied and that no ciairns or bens exist against the Subcontractor or supplier in connection therewith; and {C) the written consent of the Cantracta-'s sureties to Final Payment. in the event that the Contractor cannot obtain an affidavit, as, required above, From any Subcontractor or suppiier, the Contractor shall state in the Contractor's affidavit that no cialrns o~ liens exist against such Subcontractor or suppiier to the best of the Contractor's knowledge, and that if any appear afterwards, the Contractor shah indemnify and save the CMAR and the t7wner harmless for all costs and expenses, including attorney's fees, on account thereofi. ARTICLE 23. ASSIGNMENTS AND SUBCONTRACTS 23.1 The Gontractor shah not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the GMAR. Except as may be required under terms of the bonds required by the Contract Documents, no funds or sums of money due or to became due to the Gantractor under the Gontract Documents may be assigned. ARTICLE 24. MEASUREMEf1T5 24.1 Before ordering rnateriai or doing Wark which is dependent for proper size or installation upon coordination with building conditions, the Contractor shat( verify alt dimenstons and shat! be responsible for the correctness of same. No consideration will be given for any claim based an di#ferences between the actual dimensions and those indicated in the Contract Documents. Any discrepancies between the Contract Documents and the existing conditions shalt be referred fo the Designer by the CMAR for adjustment before any Work affected (hereby is begun. ARTICLE 25. CONTRACTOR AND SUBCONTRACTOR RELATIONSfitPS 25.1 Within thirty (30) days after initial receipt of the Construction Agreement by the Contractor for signatures, the Contractor shall submit to the CMAR for acceptance a current list of the names of Subcontractors and such other persons and organizations {including those who are to furnish materiels or equipment fabricaked to ~a special design}.proposed for any and aii portions of the Work. The Contractor stroll provide this fist at this time even if the Contractor was required to submit a list of proposed 5ubcohtractors with the Contractor's bid. The CMAR shalt promptly reply to the Contractor in writing stating whether or not the CMAR, after due investigation, has objection to any such proposed person or entity or if it needs additional information to evaluate the persons or entitles on the list. Failure of the CMAR to reply within ten {10) days after the Contractor has famished aii required information shat( constitute notice of no abjection. The Contractor shall not contract with any such proposed person or entity to which the CMAR has made reasonable objection. 1f the CMAR has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the CMAR has no reasonable objection. The Contractor shall make na substitution for any Subcontractor, person, or entity previously allowed without first notifying the CMAR in writing and no substitution may be made if the CMAR makes a reasonable objection to such substitution. 25.2 The Contractor agrees that the terms of the Contract Documents, including all portions thereof, shall apply to ail Subcontractors as if they were khe Contractor, .and that the Subcontractors shall, by means of #heir subcontracts, be bound by aii the terms of the Contract Documents. 25.3 Payments to Subcontractors by the Contractor shat( be made in accordance wifh the provisions of N_C. Gen. Stet. X143-134.1, GENERAL CONDITIONS FOR CM AT RISK PROJECT 38 of 42 JUNE 2047 EDiTt(3N