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Reso 2010-1658
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Reso 2010-1658
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Last modified
6/3/2015 11:22:15 AM
Creation date
12/22/2010 11:09:07 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1658
Date (mm/dd/yyyy)
12/16/2010
Description
Ground Lease/Dev Agmt/DesignBuild Agmt 4M Inv. Upscale Lifestyle Ctr
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<br />attorneys and other professionals) will be paid by CONTRACTOR. <br /> <br />11.4.1 Where defective Work (and damage to other work resulting therefrom) has been <br />corrected, removed or replaced under this paragraph, the correction period hereunder with respect to <br />such Work will be extended for an additional period of one (1) year after such correction or <br />removal and replacement has been satisfactorily completed. <br /> <br />11.4.2 Nothing contained in this Article shall be construed to establish a period of <br />limitation with respect to other obligations which CONTRACTOR might have under the Contract <br />Documents. Establishment of the time period of one (1) year as described in Paragraph 10.4.1 <br />relates only to the specific obligation of the CONTRACTOR to correct the work, and has no <br />relationship to the time within which the obligation to comply with the Contract Documents may be <br />sought to be enforced, nor to the time within which proceedings may be commenced to establish <br />CONTRACTOR'S liability with respect to the CONTRACTOR'S obligation other than specifically <br />to correct the work. <br /> <br />11.4.3 CONTRACTOR warrants to the CITY that it will comply with all applicable <br />federal, state and local laws, regulations and orders in carrying out its obligations under the <br />Contract. <br /> <br />11.4.4 CONTRACTOR warrants to the CITY that it is not insolvent, it is not in bankruptcy <br />proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or <br />other legal or administrative proceedings or investigations of any kind which would have an <br />adverse effect on its ability to perform its obligations under the Contract. <br /> <br />11.4.5 CONTRACTOR warrants to the CITY that the consummation of the work provided <br />for in the Contract Documents will not result in the breach of any term or provision of, or constitute <br />a default under any indenture, mortgage, contract, or agreement to which the CONTRACTOR is a <br />party. <br /> <br />11.4.6 CONTRACTOR warrants that there has been no violation or copyrights of patent <br />rights either in the United States of America or in foreign countries in connection with the work of <br />the Contract. <br /> <br />11.4.7 No warranty, either express or implied, may be modified, excluded or disclaimed in <br />any way by CONTRACTOR. All warranties shall remain in full force and effect, notwithstanding <br />acceptance and payment by CITY. <br /> <br />23 <br />
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