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5.4. SR 05-21-2007
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5.4. SR 05-21-2007
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1/21/2008 8:36:55 AM
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<br />insurance or the written order of the Commissioner of Commerce permitting <br />self insurance of worker's compensation insurance coverage provided to the <br />Owner prior to execution of this Agreement is current and in force and effect. <br /> <br />13.12 Add the following Subparagraph: Conflicts: 13.15 16 <br /> <br />No salaried officer or employee of the Owner and no member of the <br />Commission shall have a financial interest, direct or indirect, in this <br />Agreement. The violation of this provision renders the Agreement void. Any <br />federal regulations and applicable state statutes shall not be violated. <br /> <br />13.13 Add the following Subparagraph: Limitation of Remedies: 13 .17 <br /> <br />Neither party shall be entitled to recover punitive damages in the event of a <br />breach of the Agreement. <br /> <br />14.1.1.4 Clause; Delete in its entirety. <br /> <br />14.1.3 Subparagraph; Delete in its entirety and substitute the following: <br /> <br />If one of the above reasons exists through no act or fault of the Contractor, a <br />subcontractor, or a sub-subcontractor, their agents or employees or any other <br />persons or entities performing portions of the Work under direct or indirect <br />contract with the Contractor, the Contractor may, upon fourteen (14) days' <br />written notice to the Owner and Architect, terminate the Contract, unless this <br />reason is cured prior to the expiration of the notice period, and recover from <br />the Owner payment of Work properly executed in accordance with the <br />Contract Documents (the basis for such payment shall be as provided in the <br />Contract) and for payment for costs directly related to Work thereafter <br />performed by Contractor in terminating such Work including reasonable <br />demobilization and cancellation charges provided said Work is authorized in <br />advance by Architect and Owner. <br /> <br />14.1.4 Subparagraph; Delete in its entirety and substitute the following: "The Owner shall not be <br />responsible for damages for loss of anticipated profits on Work not performed on account <br />of any termination described in Subparagraphs 14.1.1 and 14.1.2." <br /> <br />14.2.1.1 Clause; Line I; Delete "persistently or repeatedly"; After "materials" add "or <br />equipment"; <br /> <br />14.2.1.2 Clause; Line I; After "materials" add "and/or equipment"; 14.2.1.3 Clause; Line I; <br />Delete "persistently"; and Delete first "or"; <br /> <br />14.2.1.4 Clause; Delete in its entirety and add "disregards the instructions of Architect or Owner <br />(when such instructions are based on the requirement of the Contract Documents);"; and <br />add the following two Clauses: <br /> <br />311340vl JMS ELl85-6 <br /> <br />14 <br />
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