5.2 ERMUSR 03-14-2023 - Laserfiche WebLink

Home Browse Search

Elk River Municipal Utilities 23 SupplierCore & Main LP Supplier shall at all times take all reasonable precautions for the safety of employees and of the public, and shall comply with all applicable provisions of federal, state, and municipal safety laws and building and construction codes, as well as the safety rules and regulations of ERMU. The following provisions shall not limit the generality of the above requirements: (a) Supplier shall at no time and under no circumstances cause or permit any employee of Supplier to perform any Work upon energized lines, or upon poles carrying energized lines. (b) Supplier shall so conduct the construction of the Project as to cause the least possible obstruction of public highways. (c) Supplier shall provide and maintain all such guard lights and other protection for the public as may be required by industry standards and applicable statutes, ordinances, and regulations. 32. Termination ERMU may terminate this Agreement, in whole or in part, at any time by written notice to Supplier. In such an event, ERMU shall pay Supplier the contract price for all actual labor and material costs incurred prior to such termination notice. Upon receipt of a notice of termination of some or all of the Work, Supplier shall discontinue the Work and make every effort to cancel all subcontracts, orders, and other agreements, or portions thereof that involve the terminated Work. ERMU shall not be liable for any damage to any subcontractor in case of termination. Supplier will also make reasonable effort to preserve the terminated portion of the AMI System regardless of location, assist with inventory of the terminated AMI System, identify outstanding orders and subcontracts, and as requested by ERMU, transfer the AMI System and title to the AMI System to ERMU. ERMU may decline title to any portion of the AMI System. Supplier shall not be entitled to damages resulting from termination of any Work, including loss of anticipated revenue or costs. If the Supplier defaults in the performance of the Work, then ERMU may at its option, finish the Work by any method possible, including contracting with another supplier. In the event of termination for cause, the total amount of damages paid by the Supplier as a result of the termination shall be limited to ERMU’s actual damages, including the cost of finishing the remaining Work, capped at 100% of the fees that would have been paid for any such remaining Work. Supplier may terminate this Agreement upon thirty (30) days prior written notice to ERMU if (i) ERMU fails to compensate Supplier according to the terms in this Agreement, or (ii) ERMU fails to perform a material term of this Agreement and, through no fault of the Supplier, such failure prevents Supplier from performing its material obligations under this Agreement. 215