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1.5.4. The words "include", "includes", or "including", as used in this Contract, shall be <br />deemed to be followed by the phrase, "without limitation". <br />1.5.5. The specification herein of any act, failure, refusal, omission, event, occurrence or <br />condition as constituting a material breach of this Contract shall not imply that any other, non- <br />specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to <br />constitute a material breach of this Contract. <br />1.5.6. Words or terms used as nouns in this Contract shall be inclusive of their singular and <br />plural forms, unless the context of their usage clearly requires a contrary meaning. <br />1.5.7. The Contractor shall have a continuing duty to read, carefully study and compare <br />each of the Contract Documents, the Shop Drawings and the Product Data and shall give written <br />notice to the City of any inconsistency, ambiguity, error, or omission which the Contractor may <br />discover with respect to these documents before proceeding with the affected Work. The issuance, <br />or the express or implied approval by the City or the Engineer/ Architect of the Contract Documents, <br />Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed <br />hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. <br />The City has requested the Engineer /Architect to only prepare documents for the Project, including <br />the Drawings and Specifications for the Project, which are accurate, adequate, consistent, <br />coordinated, and sufficient for construction. HOWEVER, THE CITY MAKES NO <br />REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE <br />CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor <br />acknowledges and represents that it has received, reviewed and carefully examined such documents, <br />has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for <br />construction, and that the Contractor has not, does not, and will not rely upon any representation or <br />warranties by the City concerning such documents as no such representation or warranties have been <br />or are hereby made. The Contractor further acknowledges and represents that it has made a thorough <br />and careful examination and inspection of existing conditions on the Project site, both surface and <br />subsurface, and the Contractor expressly acknowledges and agrees that it shall make no claim for <br />additional compensation due to existing site conditions including, but not limited to, rock, surface <br />and subsurface water, existing structures, and deficient soil, provided said conditions could be <br />determined or ascertained from a thorough and careful examination and inspection of the site. <br />1.5.8. Neither the organization of any of the Contract Documents into divisions, sections, <br />paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall <br />control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be <br />performed by Subcontractors. <br />1.5.9. Whenever the word "days" is used, it shall mean calendar days and not working days <br />unless otherwise specified. <br />1.5.10. Contractor shall comply with Section 255.04, Florida Statutes, in selecting <br />subcontractors, materials and suppliers. <br />1.6 Ownership of Contract Documents <br />1.6.1. The Contract Documents, and each of them, shall remain the property of the City <br />unless the City has agreed otherwise with the Engineer / Architect. The Contractor shall have the <br />MBR CONSTRUCTION, INC. Page 3 of 41 <br />152 <br />