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4.6 SR 03-20-2023
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4.6 SR 03-20-2023
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Project Manual <br />ARTICLE 17 — MISCELLANIOUS <br />17.01 Cumulative Remedies <br />Houlton Conservation Area Bank Stabilization — Dam Site <br />A. The duties and obligations imposed by this Contract and the rights and remedies available <br />hereunder to the parties hereto are in addition to, and are not to be construed in any way as <br />a limitation of, any rights and remedies available to any or all of them which are otherwise <br />imposed or available by Laws or Regulations, by special warranty or guarantee, or by other <br />provisions of the Contract. The provisions of this paragraph will be as effective as if repeated <br />specifically in the Contract Documents in connection with each particular duty, obligation, <br />right, and remedy to which they apply. <br />17.02 Limitation of Damages <br />A. Neither Owner, Engineer, nor any of their officers, directors, members, partners, employees, <br />agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, <br />losses, or damages sustained by Contractor on or in connection with any other project or <br />anticipated project. <br />17.03 No Waiver <br />A. A party's non-enforcement of any provision shall not constitute a waiver of that provision, <br />nor shall it affect the enforceability of that provision or of the remainder of this Contract. <br />17.04 Survival of Obligations <br />A. All representations, indemnifications, warranties, and guarantees made in, required by, or <br />given in accordance with the Contract, as well as all continuing obligations indicated in the <br />Contract, will survive final payment, completion, and acceptance of the Work or termination <br />or completion of the Contract or termination of the services of Contractor. <br />17.05 Contractor's Certifications <br />A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive <br />practices in competing for or in executing the Contract. <br />17.06 Controlling Law <br />A. This Contract is to be governed by the law of the state in which the Project is located. <br />17.07 Headings <br />A. Article and paragraph headings are inserted for convenience only and do not constitute parts <br />of these General Conditions. <br />IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. <br />This Agreement will be effective on (which is the Effective Date of the Contract). <br />OWNER: <br />By: <br />CONTRACTOR: <br />By: <br />Division 00 Section 00 52 00-17 <br />Contracting Requirements Contract for Construction <br />EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society <br />of Civil Engineers. All rights reserved. <br />
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