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2012-230
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Last modified
1/7/2016 2:13:41 PM
Creation date
10/1/2015 4:51:54 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/18/2012
Control Number
2012-230
Agenda Item Number
15.A.2
Entity Name
Barth Construction
Subject
Storage building at Emergency Operations Center
Area
4225 43rd Ave.
Supplemental fields
SmeadsoftID
11643
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2 Agreement. If the Design/Builder claims that delay or additional cost is involved <br /> because of such action by the Owner, the Design/Builder shall assert such claims as <br /> provided in Section 11 .4 . <br /> § 11 . 3 . 2 The Design/Builder shall afford the Owner's separate contractors reasonable <br /> opportunity for introduction and storage of their materials and equipment and <br /> performance of their activities and shall connect and coordinate the Design/Builder's <br /> construction and operations with theirs as required by the Contract Documents . <br /> ' <br /> § 11 e13 Costs caused by delays or by improperly timed activities or defective <br /> construction shall be borne by the party responsible therefor . <br /> § 11 .4 CLAIMS FOR DAMAGES <br /> § 11 Awl If either party to this PaFt 2 Agreement suffers injury or damage to , person or <br /> property because of an act or omission of the other party, of any of the other party's <br /> employees or agents , or of others for whose acts such party is legally liable , written <br /> notice of such injury or damage , whether or not insured; shall be given to the other party <br /> within a reasonable time not exceeding 21 days . after first observance . The notice shall <br /> provide sufficient detail to enable the other party to investigate the matter. If a claim of <br /> additional cost or time related to this claim is to be asserted , it shall be filed in writing . <br /> § 11 . 5 INDEMNIFICATION <br /> § 11 . 5 . 1 To the fullest extent permitted by law, the Design/Builder shall indemnify and <br /> hold harmless the Owner, Owner's consultants , and agents and employees of any of <br /> them from and against claims , damages , losses and expenses , including but not limited <br /> to attorneys' fees , arising out of or resulting from performance of the Work , provided that <br /> such claim , damage , loss or expense is attributable to bodily injury , sickness , disease or <br /> death , or to injuryto or destruction of tangible property . (other than the Work itself) <br /> including loss of use resulting therefrom , but only to the extent caused in whole or in <br /> part by negligent acts or omissions of the Design/Builder, anyone directly or indirectly <br /> employed by the Design/Builder or anyone for whose acts the Design/Builder may be <br /> liable , regardless of whether or not such claim , damage , loss or expense is caused in <br /> part by a party indemnified hereunder. Such obligation shall not be construed to negate , <br /> abridge , or reduce other rights or obligations of indemnity which would otherwise exist <br /> as to a party or person described in this Section 11 . 5 . <br /> § 11 .5 . 2 In claims against any person or entity indemnified under this Section 11 . 5 by <br /> an employee of the Design/Builder, anyone directly or indirectly employed by the <br /> Design/Builder or anyone for whose acts the Design/Builder may be liable , the <br /> indemnification obligation under this Section 11 . 5 shall not be limited by a limitation on <br /> amount or type of damages , compensation or benefits, payable by or for the <br /> Design/Builder under workers' compensation acts , disability benefit acts or other <br /> employee benefit acts . <br /> § 11 . 6 SUCCESSORS AND ASSIGNS <br /> § 11 . 6 . 1 The Owner and Design/Builder, respectively, bind themselves , their partners , <br /> successors , assigns and legal representatives to the other party to this PaFt 2 <br /> Agreement and to the partners , successors and assigns of such other party with respect <br /> to all covenants of this PaFt 2 Agreement. Neither the Owner nor the Design/Builder <br /> shall assign this Part 2 Agreement without the written consent of the other. The Owner <br /> 18 <br />
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