2008-07-10_REVISION - M2004009 (7)

Home Browse Search

Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data furnished by Design-Builder to Owner under this Agreement ("Work Product") shall belong to Owner, including the copyrights thereto, upon Owner's payment in full for all Work. 4.2 Work Product developed by Design-Builder is not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project or for the completion of this Project by others. Any reuse without written verification or adaptations by Design-Builder for the Project or for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Design-Builder. Article 5 Contract Time 5.1 Date of Commencement. The Work shall commence within five (5) days of Design-Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually, agree otherwise in writing. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work shall be achieved no later than December 31, 2010 ("Scheduled Substantial Completion Date"). This date assumes the Town of Erie provides written notice to proceed on the construction activities by February 14, 2008. If the written notice to proceed for construction activities is given later than February 14, 2008, the Scheduled Substantial Completion Date will be extended one day for each day after February 14, 2008 that the written notice to proceed with construction activities is delayed. 5.2.2 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. 5.2.3 All of the dates set forth in this Article 5 ("Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. 5.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Liquidated Damages. Design-Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Designer-Builder shall pay Owner One Thousand Dollars ($1,000) as liquidated damages for each day that Substantial Completion extends beyond the Scheduled Substantial Completion Date. The liquidated damages provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving Substantial Completion. DBIA Document No. 525 • Standard Form of Agreement Page 3 Between Owner and Design-Builder - Lump Sum 0 1998 Design-Build Institute of America 8711 \23\975623.9