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Weld County, Colorado <br /> PROJECT No.B 1400202 <br /> o u h? Book 1 -Contract <br /> 2.3.9 Organization <br /> The Contractor is a Michigan_Corporation duly organized and validly existing under the laws of <br /> the State of Colorado, with all requisite power to own its properties and assets and carry on its <br /> business as now conducted or proposed to be conducted in the State of Colorado. The Contractor <br /> is duly qualified to do business, and is in good standing, in the State of Colorado, and will <br /> remain in good standing throughout the term of the Contract and for as long thereafter as any <br /> obligations remain outstanding under the Contract Documents. <br /> 2.3.10 Authorization <br /> The execution, delivery, and performance of the Contract have been duly authorized by all <br /> necessary actions of the Contractor, and, if applicable, the Contractor's members, and will not <br /> result in a breach or a default under the organizational documents of any such Person or any <br /> indenture, loan, credit agreement, or other material agreement or instrument to which any such <br /> Person is a party or by which its properties and assets may be bound or affected. <br /> 2.3.11 Legal, Valid, and Binding Obligation <br /> The Contract constitutes the legal, valid, and binding obligation of the Contractor and, if <br /> applicable, of each member of the Contractor. <br /> 2.4 Requirements Regarding Basic Configuration and Contract Drawings <br /> 2.4.1 Obligation to Review Contract Drawings <br /> Before commencing any design or construction Work in an area, the Contractor shall review the <br /> design contained in the Contract Drawings for constructability and shall notify the County in <br /> writing of any errors, omissions, inconsistencies or other defects in such design affecting <br /> constructability. If, after the start of any design or construction Work, the Contractor becomes <br /> aware of any such error, omission, inconsistency or other defect in the Contract Drawings, the <br /> Contractor shall immediately notify the County of the same. <br /> 2.4.2 Required Approvals <br /> If it is necessary to modify the Basic Configuration, any Contract Drawings/ROW Plans in order <br /> to correct any errors, omissions, inconsistencies or other defects, the Contractor shall first obtain <br /> the County's and any third party's written Approvals, where applicable, prior to commencing any <br /> related Work. <br /> 2.4.3 Necessary Design Change <br /> If it is necessary, in the County's sole determination to modify the Basic Configuration, any <br /> Contract Drawings/ROW Plans in order to correct an error, omission, inconsistency or other <br /> defect therein, and such modification increases the cost and/or time to perform the Work, the <br /> Contractor shall be entitled to an increase in the Contract Price and/or an extension of the <br /> Completion Deadlines, excluding any costs and/or time that could have been avoided by the <br /> Contractor and subject to the requirements and limitations of Section 13; provided, however, the <br /> 20 <br />