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Elk River Municipal Utilities 22 SupplierCore & Main LP
<br />29. Limitation of Liability
<br />NEITHER PARTY NOR ANY OF ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES
<br />SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT,
<br />INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES
<br />RELATED TO OR ARISING OUT OF THIS AGREEMENT EVEN IF THE PARTY HAS
<br />BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF
<br />WHAT LEGAL OR EQUITABLE THEORY MAY BE ASSERTED, INCLUDING, WITHOUT
<br />LIMITATION, ANY CONTRACT, NEGLIGENCE, BREACH OF WARRANTY, OR ANY
<br />OTHER LEGAL OR EQUITABLE THEORY.
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<br />30. Safety and Compliance with Codes and Other Laws
<br />Supplier shall at all times be solely responsible for complying with all applicable federal, state,
<br />and local laws, ordinances, regulations, and codes in connection with the Work, including those
<br />relating to the safety of all persons and property. This shall include obtaining all licenses and
<br />permits required for the Work. Supplier understands that the obligations of the Parties hereunder
<br />are subject to the applicable regulations and orders of governmental agencies having jurisdiction
<br />in the matters. Should at any point Supplier find any unsafe or hazardous areas or conditions,
<br />Supplier will immediately report the said condition to ERMU.
<br />No obligations shall be imposed upon ERMU, ERMU's officers, directors, partners, employees,
<br />consultants, and agents to review or supervise Supplier’s compliance with any safety measures,
<br />laws, ordinances, regulations, or codes. Supplier is solely responsible for its acts, errors, and
<br />omissions and the acts, errors, and omissions of any Subcontractor, of any Supplier, or of any other
<br />individual or entity performing any of the Work.
<br />31. Site, Supervision, and Safety
<br />The Sites will be furnished to Supplier by ERMU in its presently existing condition, and Supplier
<br />shall leave the Sites in the same condition as it was received, except as otherwise provided herein.
<br />Supplier shall be responsible for furnishing proper protection for the health and life of personnel,
<br />for the public, for the Work and all materials, machinery, equipment, tools, and supplies used in
<br />the performance thereof, and for the property of others.
<br />Supplier shall make sure its personnel are informed of dangers associated with electric distribution
<br />systems, line facilities, and communications facilities and know how to exercise proper
<br />precautions and follow appropriate safety procedures. Supplier shall provide regular and
<br />appropriate safety briefings for its personnel and others involved in the Work.
<br />Supplier shall provide a competent superintendent who shall be present at all times during working
<br />hours to supervise the Work. Supplier shall employ, in connection with the construction of the
<br />Work, capable, experienced and reliable foremen and such skilled workers as may be required for
<br />the various classes of Work to be performed. Directions and instructions given to the
<br />superintendent by ERMU shall be binding upon those doing the Work.
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