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4. HRSR 12-12-2011
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4. HRSR 12-12-2011
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12/9/2011 12:52:45 PM
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12/9/2011 12:36:00 PM
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City Government
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HRSR
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12/12/2011
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a. Material Delay -- material delays that are beyond the control of the <br />Contractor, which can be shown to have directly caused the overall late <br />completion. <br />b. Adverse Weather and Emergency Conditions -- weather or emergency <br />conditions that directly affect the scheduling of the Work over a significant <br />portion of the term of this Contract. <br />c. Strikes - in the case where the Contractor relies on a union work force, the <br />Contractor encounters a work stoppage. <br />d. Amendments -- amendments in the original scope of Work, which can be <br />reasonably shown to require an extension of the time allowed for <br />completion. <br />e. Other Delays -act or neglect of the HRA or of a separate contractor <br />employed by the HRA, or by changes ordered by the HRA to the Work or <br />by unavoidable casualties or other causes beyond the Contractor's control. <br />Section 13. Change Orders <br />13.1. The HRA has the right, within the general scope of the Work and without notice <br />to any surety or sureties of the Contractor, if any, to make changes in the Work, either by <br />altering the nature of the same or by adding to or deducting from it. All changes shall, <br />except in the case of emergencies endangering the safety of persons or property, be made <br />by written Change Order. The parties shall determine the effect of any Change Order on <br />the Contract Price and project schedule by mutual agreement. The Contractor must <br />promptly comply with any and all written Change Orders. No such Change Order shall <br />be deemed to invalidate the remaining terms and conditions contained in this Contract. <br />Section 14. Waiver of Liability <br />15.1 It is agreed that the Work is undertaken at the sole risk of the Contractor. The <br />Contractor does expressly forever release the City and the HRA from any claims, <br />demands, injuries, damage actions, or causes of action whatsoever, arising out of or <br />connected with the Work. <br />Section 15. Indemnification <br />15.1. Any and all claims that arise or may arise as a consequence of any act or omission <br />on the part of the Contractor, its officials, employees or agents while engaged in the <br />performance of the Work shall in no way be the obligation or responsibility of the City or <br />the HRA. The Contractor shall indemnify, hold harmless, and defend the City and the <br />HRA, its officials, employees and agents against any and all liability, loss, cost, damages, <br />expenses, claims, or actions, including attorneys' fees which the City and the HRA may <br />incur or be required to pay on account of injury to or death of any person or persons or <br />7 <br />
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