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2018-09-18_PERMIT FILE - M2018048
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2018-09-18_PERMIT FILE - M2018048
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Last modified
1/4/2025 4:49:51 AM
Creation date
9/18/2018 2:33:38 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2018048
IBM Index Class Name
PERMIT FILE
Doc Date
9/18/2018
Doc Name
Adequacy Review Response
From
SEMA Construction
To
DRMS
Email Name
PSH
Media Type
D
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No
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Subcontract#: 061804-017 <br /> Page 27/Rev 171204 <br /> e) No Claim Against Bond: Subcontractor agrees that any cause of action it may have against <br /> Contractor and its surety on a payment bond shall be stayed after any such payment bond <br /> action is filed in court, pending exhaustion of the dispute resolution process set forth herein. <br /> This provision shall not be considered a waiver of Subcontractor's payment bond rights, but an <br /> agreement that those rights will be enforced in a court only after the dispute resolution <br /> procedures identified herein are exhausted. <br /> 11.5 Attorney Fees and Costs: Subcontractor shall reimburse Contractor for all its expenses or <br /> damages incurred, including actual attorney's fees and costs, which Contractor may incur in: <br /> a) Enforcing any term or condition of this Agreement, including the Indemnity provisions set forth <br /> above; <br /> b) In connection with any lien, demand, or action, including garnishment, commenced by or <br /> involving any creditor of Subcontractor or any subordinate contractor or material supplier that <br /> contributed labor or materials for the Work; <br /> c) In connection with Subcontractor's failure to comply with the terms of the Contract Documents; <br /> d) In connection with any claims, damages, liabilities, losses, or expenses related to <br /> Subcontractor's Instruments of Service and/or Contractor or Owner's use of the same; <br /> e) In connection with Subcontractor's failure to comply with any federal, state and local law, <br /> ordinance, or regulation, including its failure to comply with applicable safety or environmental <br /> regulations; or <br /> f) In connection with Subcontractor's failure to comply with any applicable labor agreement. <br /> 11.6 Delay Damages: Subcontractor shall pay any delay damages and costs incurred by <br /> Contractor and/or Owner that Contractor, in its i :�k,! discretion, determines are attributable <br /> to Subcontractor. Damages and costs under this Section means any and all damages incurred by <br /> Contractor or Owner, whether general damages, special damages, or liquidated damages, reasonable <br /> attorney fees, litigation and/or arbitration costs, Contractor's costs for extended general conditions <br /> and overhead and all other damages or costs which Contractor, in its —'- discretion, <br /> determines are attributable to delay. <br /> 12. COMPLIANCE WITH ALL LAWS <br /> 12.1 Licensure: Subcontractor and, if applicable, its employees, represent that they are and will <br /> remain properly licensed and will procure at their own expense all permits and licenses required for <br /> the performance of their Work and that its subordinate contractors and material suppliers are and will <br /> remain properly licensed to perform the Work. <br /> 12.2 Compliance with Applicable Law: Subcontractor agrees to comply fully with, and require all <br /> subordinate contractors and material suppliers to comply with, all federal, state, county and municipal <br /> statutes, ordinances, rules, regulations, orders and directives applicable to the Work. Subcontractor <br /> shall execute and file such documents, statements, and affidavits required under any applicable <br /> federal or state law or regulation affecting the Work. <br /> 12.3 Subcontractor's Certifications: Subcontractor certifies that it has not engaged in coercive, <br /> collusive, fraudulent or corrupt practices to procure or to execute the Contract Documents. <br /> Equal Opportunity/Affirmative Action Employer <br />
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