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Reso 2013-2040
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Reso 2013-2040
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Last modified
5/22/2013 11:11:10 AM
Creation date
4/11/2013 10:43:30 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2040
Date (mm/dd/yyyy)
04/09/2013
Description
Approve 3rd Amend/Design-Build Agmt w/ 4M Investors, LLC.
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11.4.1 Where defective Work (arid 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 />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 />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 />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 />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 />per• <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 />1 1.4.7 No warranty, either express or implied, maybe 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 />11.5 Tests and Inspections. <br />11.5.1 CONTRACTOR shall give the City Manager and Building Department timely <br />notice of readiness of the work for all required inspections, tests or approvals.. CONTRACTOR <br />shall assume full responsibility, pay all costs, except for permit fees or other fees imposed by the <br />CITY, in connection therewith and furnish the Building Department, with courtesy copies to the <br />CITY, the required certificates of inspection, testing or approval for all materials, equipment or the <br />Work or any par thereof unless otherwise specified herein. <br />11.5.2 Inspectors do have the full authority to order the CONTRACTOR to comply with <br />24 <br />IB 0� <br />
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