Orange County NC Website
Browse       Search
DocuSign Envelope ID:78B556CA-0O28-4315-8EF4-948059C1C6F0 <br /> 24 <br /> The Contractor acknowledges that should the Contractor or any of the Contractor's <br /> Subcontractors be damaged by any breach of contract by any other separate prime contractor <br /> on the Project, the Contractor may invoke applicable dispute resolution procedures with said <br /> other separate prime contractor or bring a direct civil action against said other separate prime <br /> contractor. The Contractor hereby expressly agrees that neither the Owner nor its officers, <br /> agents, or employees shall have any liability of any kind or nature whatsoever to the Contractor, <br /> its Subcontractors, sub-subcontractors, or suppliers arising out of or relating to any breach, <br /> inconvenience, delay, interference, or other action or non-action by any other separate prime <br /> contractor. The Contractor covenants not to sue the Owner for any loss or damage caused by <br /> any breach, inconvenience, delay, interference, or other action or non-action by any other <br /> separate prime contractor, notwithstanding whatever rights at law the Contractor might have to <br /> bring a civil action against the Owner for any breach, inconvenience, delay, interference, or <br /> other action or non-action of any other separate prime contractor. The Contractor agrees to look <br /> exclusively to the other prime contractor for relief or remedy. <br /> Nothing contained herein or appearing anywhere in the Contract Documents shall obligate <br /> or require the Owner to exercise any right or privilege, or to take any action or to refrain from <br /> taking any action under any contract it may have with any other prime contractor or party to the <br /> Project for the benefit of the Contractor or any Subcontractor, subSubcontractor, or supplier <br /> claiming through the Contractor. <br /> 7.25 Prior to completion of the Work and Final Payment of the Contract Price, excepting only <br /> those portions of the Work deemed accepted in accordance with the Contract Documents, the <br /> Contractor shall have charge and care of the Work, and shall take every precaution against <br /> injury or damage to any part due to the action of the elements or from any other cause, whether <br /> arising from the execution or from the non-execution of the Work. The Contractor shall as <br /> required by the Owner replace, rebuild, repair, restore, and make good all injury or damage to <br /> any portion of the Work occasioned by any of the above causes before Final Completion and <br /> shall bear the expenses thereof. <br /> 7.26 In the event that the Work, or any portion thereof, is suspended at any time pursuant to an <br /> order of the Owner, the Contractor shall obey all instructions of the Owner regarding storage of <br /> materials, drainage, protection of the Work, and erection of temporary structures during the <br /> suspension period. <br /> 7.27 The Project Expediter for the Project shall be responsible for the coordination of the Work <br /> of itself and any other separate contractors, both as to space and time. The Project Expediter <br /> shall coordinate the implementation of the Contract Construction Schedule, all construction <br /> activities and close-out of the Project, including but not limited to all testing, inspection, <br /> certifications, and approvals required by public agencies. <br /> The Contractor and the Project Expediter shall each be required to notify the Designer and the <br /> Owner promptly of any event or condition which could affect the conduct or progress of the <br /> Work and shall cooperate fully with all other contractors on the Project site. <br /> 7.28 The Owner hereby delegates to the Project Expediter all of its duties to coordinate and to <br /> expedite the Work not expressly reserved to the Owner by other provisions of the Contract <br /> Documents. <br /> Revised NETPLANNER v2 <br />