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1999-049
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1999-049
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Last modified
7/12/2023 10:10:37 AM
Creation date
7/12/2023 9:54:22 AM
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Official Documents
Official Document Type
Miscellaneous
Approved Date
02/16/1999
Control Number
1999-049
Entity Name
Driveways Inc.
Subject
Cherrywood Estates Water Expansion Project# 98-05-DS
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40 <br />4D <br />k:1r IDMIX01 <br />connection with this Contract, and his bonds will not be released by final <br />acceptance and payment by the OWNER unless all such claims are paid or released. <br />ARTICLE 7. OTHER WORK <br />SC -7.5. <br />Add a new paragraph Immediately after paragraRh 7.4 in the General Conditions <br />which Is to read as follows; <br />7.5. Should CONTRACTOR cause damage to the work or property of any separate <br />contractor at the site, or should any claim arising out of CONTRACTOR's <br />performance of the Work at the site be made by any separate contractor against <br />CONTRACTOR, OWNER, ENGINEER, ENGINEER's Consultants, the Construction <br />Coordinator or any other person, CONTRACTOR shall promptly attempt to settle <br />with such other contractor by agreement, or to otherwise resolve the dispute by <br />arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws <br />and Regulations, indemnify and hold OWNER, ENGINEER, ENGINEER's Consultants <br />and the Construction Coordinator harmless from and against all claims, damages, <br />losses and expenses (including, but not limited to, fees of engineers, architects, <br />attorneys and other professionals, and forms of dispute resolutions) arising directly, <br />indirectly or consequentially out of any action, legal or equitable, brought by any <br />separate contractor against OWNER, ENGINEER, ENGINEER's Consultants or the <br />Construction Coordinator to the extent based on :a claim arising out of <br />CONTRACTOR's performance of the Work. Should a separate contractor cause <br />damage to the Work or property of CONTRACTOR or should the performance of <br />work by any separate contractor at the site give rise to any other claim, <br />CONTRACTOR shall not Institute any action, legal or equitable, against OWNER, <br />ENGINEER, ENGINEER's Consultants or the Construction Coordinator or permit any <br />action against any of them to be maintained and, -continued in its name or for its <br />Benefit in any court or before any arbiter which Peeks to impose liability on or to <br />recover damages from OWNER, ENGINEER, ENGINEER's Consultants or the <br />Construction Coordinator on account of any such damage or claim. If <br />CONTRACTOR is delayed at any time In performing or furnishing Work by any act <br />or neglect of a separate contractor and OWNER and CONTRACTOR are unable to <br />agree as to the extent of any adjustment in Contract Times attributable thereto, <br />CONTRACTOR may make a claim for an extension of timu:s In accordance with <br />Article 12. An extension of the Contract Times shall be CONTRACTOR's exclusive <br />remedy with respect to OWNER, ENGINEER, ENGINEER's Consultants and <br />Construction Coordinator for any delay, disruption, interference or hindrance <br />caused by any separate contractor. This paragraph does not prevent recovery from <br />OWNER, ENGINEER, ENGINEER's Consultant or construction Coordinator for <br />00800-1-5 1 <br />
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