Reso 2010-1605 - Laserfiche WebLink

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10.5 The Contractor shall select, obtain approvals, submit samples, price shop drawings, pursue, receive, inspect, and accept or reject all City-Provided Materials purchased in the manner described herein per the Contract. The Contractor shall remain responsible for the proper installation of all City-Provided Materials and will continue to warrant its installation of these City-Provided Materials as provided in the Contract. This Agreement will not be an acceptable excuse for delay to the construction schedule. 10.6 The authority granted the Contractor hereunder may be revoked by the City at any time upon written notice delivered to the Contractor. 10.7 The City agrees that the Contractor's Fee as set forth in the Contract shall not be reduced as a result of any City-Provided Materials deduct change orders; i.e., the Contractor's Fee shall continue to apply to the total sum of all remaining Costs of the Work plus the costs of all City-provided Materials and plus the applicable tax amounts. Likewise, all agreed charging rates based on the GMP or Contract Amount, including without limitation for bonds and insurance, shall continue to be charged based on the total sum of the Contract Amount or GMP amount plus the costs of all City-provided Materials and plus the applicable tax amounts. PROVISION 11 MISCELLANEOUS PROVISIONS 11.1 Written Notice 11.1.1 All notices required to be given by the contractor under the terms of this Contract shall be made in writing. Written Notices, when served by the City, will be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an office of the corporation for which it was intended, or if delivered at or sent to the last business address known to the party giving notice. 11.2 Rights and Remedies 11.2.1 Duties and obligations imposed by the Contract Documents, and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. 11.2.2 No action or failure to act by the City, the NE, or the City's Representative will constitute a waiver of a right or duty afforded to the City under the Contract Documents, nor will such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 11.2.3 The terms of this Contract and all representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Work and shall remain in effect so long as the City is entitled to protection of its rights under applicable law. j .1 34