and 10. 2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18.
and 10. 2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Paragraphs 10.2.1.2
and 10. 4; (f) all escrow and Closing fees and charges, unless a portion of the amount of escrow and Closing fees and charges is paid by Seller pursuant to Section 10.4 and unless otherwise required by law or agreed to in writing by the Parties; (g) realty tax service fees; (h) recordation fees for the deed of conveyance and any mortgage; (i) Buyer’s share of prorations and charges under Section 10.1; (j) the first month’s condominium/homeowner’s association membership fees and assessments, if any; (k) the Technology Fee and Buyer’s Premium (if any and as indicated in Sections 2.13 & 2.14) payable to Hubzu or its affiliate, Altisource Online Auction; and (l) all other Closing and loan costs of Buyer. All other costs and expenses, including any cost, expense or transfer tax imposed by any state or local entity not otherwise addressed herein, shall be paid by Buyer at Closing.
and 10. 2.1.2 above, The Value of Changed Work, the Contractor shall keep and present a correct and fully auditable account of the several items of cost, together with vouchers, receipts, time cards and other proof of costs incurred, summarized on a Change Order form (SC-6.31) using such format for supporting documentation as the Principal Representative and State Buildings Program approve. This requirement applies equally to work done by Subcontractors. Only auditable costs shall be reimbursable on Change Orders where the value is determined on the basis of actual cost plus a fixed fee, or where unilaterally determined by the Principal Representative on the basis of an equitable adjustment in accordance with the Procurement Rules.
and 10. 05. An employee shall be obligated to mitigate damages as fully as possible and any monetary adjustment will be reduced by any employment income received by the grievor for the period applicable.
and 10. 10 items. If the Sub-Servicer is a Servicing Function Participant, Reporting Servicer or Additional Servicer the report on an assessment of compliance with Relevant Servicing Criteria and accountants’ report shall also be delivered to the Certificate Administrator, the Trustee and the Depositor within the time provided in Sections 10.09 and 10.10 of the Pooling and Servicing Agreement. Only if the Sub-Servicer is a Servicing Function Participant, and only with respect to the accountants’ report, the Sub-Servicer shall also deliver such report to the 17g-5 Information Provider and, prior to the occurrence and continuation of a Consultation Termination Event, the Controlling Class Representative within the time provided in Section 10.10 of the Pooling and Servicing Agreement. If the Sub-Servicer is not a Servicing Function Participant or Reporting Servicer, the report on an assessment of compliance with Relevant Servicing Criteria and accountants’ report shall be delivered only to the Master Servicer. The Sub-Servicer shall not be required to cause the delivery of any such report on assessment or accountant’s report until five (5) Business Days prior to March 15 in any given year so long as it has received written confirmation from the Depositor or the Master Servicer that a report on Form 10-K is not required to be filed in respect of the Trust for the preceding calendar year. With respect to the Sub-Servicer obligations in Sections 10.08 and 10.10 of the Pooling and Servicing Agreement to send reports to the Controlling Class Representative, the Master Servicer shall, upon request from the Sub-Servicer, confirm if the Master Servicer has received notice that a Consultation Termination Event occurred in the prior year. The Sub-Servicer may rely on any such notice, without any independent investigation or inquiry.
and 10. 6.4 shall apply; provided, the parties may decide to jointly defend against any patent infringement by third parties, in which case the parties shall also agree on allocation of costs and damages.
and 10. 6.8 shall apply to any Transfer pursuant to the provisions of this Clause.
and 10. Where the calculation results in a negative number, the institution shall set the value of the amount in point (b) of paragraph 3 equal to zero.
and 10. 1.2 of the Agreement be revised to read as follows:
