AgdaPkt 2005-03-14 - Laserfiche WebLink

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�p � �. �" — �/ Section 14. LIABILITY FOR DAMAGES: CM/GC acknowledges that in case the Services called for under this Agreement are not finished or completed with the Contract Time, the Trade Contractors will sustain monetary damage. CM/GC therefore agrees to pay all claims, judgments, and demands of Trade Contractors on account of CM/GC's failure to perform the Services or to properly coordinate the work of the Trade Contractors. The City agrees to pay all claims, judgments, and demands of Trade Contractors on account of City's failure to provide adequate access to the site, or timely approvafs when required. CM/GC agrees to pay properly substantiated Trade Contractors' damages upon demand, and in case the same are not paid, agrees that City/Agency may, by way of accommodation but not limitation on City's/Agency's right to recover, deduct the amount thereof from any monies due or that may become due under this Agreement. This Section 14 does not affect CM/GC's obligations under the indemnity obligations set forth in Section 17. Section 15. TERM; TERMINATION, SUSPENSION: A. Term. The term of this Agreement shall commence upon the date first hereinabove written and shall expire upon completion of performance of Services hereunder by CM/GC unless previously terminated by City/Agency. B. Termination bv Citv/Agencv Without Fault. 1) CM/GC acknowledges that, as of the date this Agreement is made, the City/Agency may not have control or access to the Courthouse. The City/Agency may terminate this Agreement if it does not have control or access to the Courthouse or other necessary property so that the Project, in the City's/Agency's sole discretion, can be completed in accordance with the Project Schedule. 2) City/Agency may, at any time, terminate this Agreement, the Services and the Work hereunder, in whole or part, for City's/Agency's convenience and without cause, upon written notice. Such written notice shall state the extent and effective date of such termination, and on such effective date CM/GC shall (1) as and to the extent directed, stop Work under this Contract, place no further orders and enter into no further Trade Contracts or contracts for materials, labor, services or facilities; (2) unless otherwise directed, terminate all Trade Contracts and orders; and (3) take such other actions as may be necessary or requested by City/Agency to protect and preserve the terminated Work and any other property in CM/GC's possession in which City/Agency has or may acquire an interest. 3) In the event of termination of this Agreement pursuant to this Paragraph 15(B), City/Agency shall pay to CM/GC, as CM/GC's sole and exclusive remedy, (1) the Constructio�� Costs for the Work completed prior to the effective date of termination, and (2) such other direct Atty/Ag r/2005.003 030805/L.Beck/607588v7 Page 9 of 30