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2008-247
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2008-247
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Last modified
2/6/2026 1:00:16 PM
Creation date
10/1/2015 12:28:03 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/12/2008
Control Number
2008-247
Agenda Item Number
15.A.1
Entity Name
Barth Construction
Subject
Fire Station #9 Part II Agreement
Area
Roseland Road
Supplemental fields
SmeadsoftID
7515
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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 />§ 11.3.3 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 .4.1 If either party to this Part 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 injury to 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 Part 2 <br />Agreement and to the partners, successors and assigns of such other party with respect <br />to all covenants of this Part 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 />V <br />
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