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Agmt05 DPR Construction
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Agmt05 DPR Construction
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Entry Properties
Last modified
4/3/2007 12:38:09 PM
Creation date
5/9/2005 9:58:47 AM
Metadata
Fields
Template:
Agreement
Contractor Name
DPR Construction
PROJECT NAME
historical courthouse restoration
RMP File Number
304
Date
5/6/2005
MO Ref
05-42; RD 07-003; 07-030
Amendment
Yes
Box
6361
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<br />Section 14. LIABILITY FOR DAMAGES: CM/GC acknowledges that in case the Services <br />called for under this Agreement are not finished or completed with the Contract Time, the Trade <br />Contractors will sustain monetary damage. CM/GC therefore agrees to pay all claims, <br />judgments, and demands of Trade Contractors on account of CM/GC's failure to perform the <br />Services or to properly coordinate the work of the Trade Contractors. The City agrees to pay all <br />claims, judgments, and demands of Trade Contractors on account of City's failure to provide <br />adequate access to the site, or timely approvals when required. CM/GC agrees to pay properly <br />substantiated Trade Contractors' damages upon demand, and in case the same are not paid, <br />agrees that City/Agency may, by way of accommodation but not limitation on City's/Agency's <br />right to recover, deduct the amount thereof from any monies due or that may become due under <br />this Agreement. This Section 14 does not affect CM/GC's obligations under the indemnity <br />obligations set forth in Section 17. <br /> <br />Section 15. <br /> <br />TERM: TERMINATION. SUSPENSION: <br /> <br />A. Term. The term of this Agreement shall commence upon the date first hereinabove <br />written and shall expire upon completion of performance of Services hereunder by CM/GC <br />unless previously terminated by City/Agency. <br />B. Termination by City/Aqency Without Fault. <br />1) CM/GC acknowledges that, as of the date this Agreement is made, the <br />City/Agency may not have control or access to the Courthouse. The City/Agency may terminate <br />this Agreement if it does not have control or access to the Courthouse or other necessary <br />property so that the Project, in the City's/Agency's sole discretion, can be completed in <br />accordance with the Project Schedule. <br />2) City/Agency may, at any time, terminate this Agreement, the Services and the <br />Work hereunder, in whole or part, for City's/Agency's convenience and without cause, upon <br />written notice. Such written notice shall state the extent and effective date of such termination, <br />and on such effective date CM/GC shall (1) as and to the extent directed, stop Work under this <br />Contract, place no further orders and enter into no further Trade Contracts or contracts for <br />materials, labor, services or facilities; (2) unless otherwise directed, terminate all Trade <br />Contracts and orders; and (3) take such other actions as may be necessary or requested by <br />City/Agency to protect and preserve the terminated Work and any other property in CM/GC's <br />possession in which City/Agency has or may acquire an interest. <br />3) In the event of termination of this Agreement pursuant to this Paragraph 15(B), <br />City/Agency shall pay to CM/GC, as CM/GC's sole and exclusive remedy, (1) the Construction <br />Costs for the Work completed prior to the effective date of termination, and (2) such other direct <br />Atty/Agr/2005.003 <br />030805/L. Beck/60?588v? <br /> <br />Page 9 of 30 <br />
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