Common use of Acts and Omissions Clause in Contracts

Acts and Omissions. The Design-Builder shall be fully responsible for the acts and omissions of its officers, employees, agents, licensees, Trade Contractors, Subcontractors, Suppliers, invitees and guests, as well as their respective officers, employees, agents, licensees, suppliers, guests, materialmen, and all other persons performing any of the Work or supplying labor, services, materials, or equipment for or under the Trade Contracts entered into by the Design-Builder. The failure of a Trade Contractor, Subcontractor or Supplier under contract with Design-Builder or employees thereof to properly perform shall not excuse the Design-Builder for any omission from or non compliance with the requirements of the Contract Documents, nor shall the Design-Builder be entitled to an extension of time because of the failure of a Trade Contractor, Subcontractor or unless such failure was a direct result of some delay to the Trade Contractor or Trade Supplier of the kind and character for which the Design-Builder is entitled to receive an extension of time.

Appears in 15 contracts

Samples: Design Build Contract, Design Build Contract, Design Build Contract

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Acts and Omissions. The Design-Builder shall be fully responsible for the acts and omissions of its officers, employees, agents, licensees, Trade Contractors, Subcontractors, Suppliers, invitees and guests, as well as their respective officers, employees, agents, licensees, suppliers, guests, materialmen, and all other persons performing any of the Work or supplying labor, services, materials, or equipment for or under the Trade Contracts entered into by the Design-Builder. The failure of a Trade Contractor, Subcontractor or Supplier under contract with Design-Builder or employees thereof to properly perform shall not excuse the Design-Builder for any omission from or non compliance with the requirements of the Contract Documents, nor shall the Design-Builder be entitled to an extension of time because of the failure of a Trade Contractor, Subcontractor or unless such failure was a direct result of some delay to the Trade Contractor or Trade Supplier of the kind and character for which the Design-Builder is entitled to receive an extension of time. the GMP Change Order and shall achieve Material Completion of the Project not later than the Material Completion and Occupancy Date.

Appears in 1 contract

Samples: Design Build Contract

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