Construction Claims. Contractor is hereby notified of Section 9204 and Section 20104 et seq. of the Public Contract Code as those sections relate to the resolution of construction claims, and to Section 3186 of the Civil Code, as amended January 1, 1999, with regard to stop notices and public entity’s rights to retain monies in order to provide for that entity’s reasonable cost of litigation. The Contractor is further notified that all provisions of Sections 9204 et seq. and 20104 et seq. of the Public Contract Code and Section 3186 of the Civil Code, as outlined above, shall be considered as incorporated into and become integral part of this contract.

Construction Claims. As the implementing agency, the City may accept, reject, compromise, settle, or litigate claims arising from the Project construction activities, provided City shall not resolve any such claims without C/CAG’s prior written consent, which shall not be unreasonably withheld, and provided further that any settlement permitted under this Section shall not impose any financial or other obligation on C/CAG, impair any right of C/CAG, or contain any stipulation, admission, or acknowledgement of wrongdoing on the part of C/CAG without C/CAG’s prior written consent, which shall not be unreasonably withheld. The City shall notify C/CAG within five (5) business days when a claim has been filed against the Project. The City is responsible for covering the cost of such claims. Work costs are to be allocated for payment pursuant to the requirements and procedures of Sections 3 and 4 above, unless such claims arose due to negligence of the City. In the event the City settles or accepts any claims that would result in a Project cost exceeding the amount specified in Exhibit B, Funding Summary, such costs shall be borne solely by the City and Town or the Parties shall pursue an amendment to this Agreement.

Construction Claims. To the extent there are construction related Claims, or to the extent this Agreement is construed by a court of law to be a construction contract, all indemnity obligations construed to be related to construction shall be read as if including the carve out “except to the extent Claims are caused by the sole or active negligence or willful misconduct of the indemnified party.”

Construction Claims. 5 SECTION 3.11 Documents...................................... 5 SECTION 3.12 No Mis-Statement of Material Facts............. 5 SECTION 3.13 Capitalization................................. 5 SECTION 3.14 Foreign Person................................. 6 SECTION 3.15

Construction Claims. Except for any work and services contracted by Tenant or its employees, agents, or contractors and work and services provided in connection with the day-to-day maintenance of the Property, to Seller's actual knowledge, no work has been performed or is in progress at the Property, and no materials have been delivered to the Property that might provide the basis for a mechanic's, materialman's or other lien against the Property or any portion thereof.

Construction Claims. In the event that this Agreement is relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of any building, highway, road, excavation, or other structure, project, development, or improvement attached to real estate (specifically including moving or demolition in connection therewith) and therefore subject to RCW 4.24.115, Consultant shall defend, indemnify, and hold harmless the City from all losses to the extent caused or alleged to be caused by any violation of law, including state, federal, or municipal law or ordinance, or by any negligent act or omission of Consultant. The obligation of indemnity under this Subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent, or contributory) of the City. In any and all claims against the City by any employee of Consultant, the indemnification obligations set forth above shall not be limited in any way by any limitation on the amount or type of damages or compensation benefits payable by or for Consultant under the applicable worker’s or workmen’s compensation, benefit, or disability laws (including but not limited to the Industrial Insurance laws, Title 51 of the Revised Code of Washington). Consultant expressly waives any immunity Consultant might have under such laws and, by entering into this Agreement, acknowledges that this waiver has been mutually negotiated. The obligations of this Paragraph shall not be construed to negate, abridge, or otherwise reduce any other right or obligation which would otherwise exist as to any person or entity described in this paragraph. For purposes of this Paragraph only, the term “City” shall mean and include the City and its council members and other elected officials, other officers, employees, and agents, and the term “Consultant” shall mean and include Consultant, all of its Subconsultants and suppliers at all tiers, agents, and any other person directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. The parties recognize that one party may have unique knowledge or involvement in the acts that certain claims are based on; therefore, the parties agree that upon receipt or service of a claim arising out of or related to the work or project which is the subject of this Contract, the parties hereto will cooperate in good faith in the defense of any claim. The intent and purpose of this subsection is to ensure the good faith cooperat...

Construction Claims. The City shall, after notice to and consultation with District, assert against the Contractor (or any approved subcontractor) constructing any portion of the Water Main Replacement any claim that the City or District may have against the Contractor under the Contract Documents and/or guarantee and/or warranty. In any event, the City shall provide written notice to District of each and every breach of the Contract Documents, guarantees or warranties concerning the Water Main Replacement. In the event the Contractor asserts any claims against the City, the City shall provide District with written notice of each and every claim. The Parties will work together to resolve such claims without litigation. In the event litigation becomes necessary, the Parties agree that the City may, at its discretion, defend such claims; however, at the City’s sole discretion it may elect not to defend or initiate such claims, in which case the Parties may mutually agree upon an attorney to represent them. The Parties will establish the responsible Party for such claim and pro-rate the cost to resolve such claims and any litigation related thereto (which costs shall include but not be limited to related consultant costs and attorneys’ fees) based on their respective share of the cost of the public improvements involved in such claim(s) and respective liability, if any. The City shall include indemnification provisions in the Construction Contract providing the same protection to the District as is provided to the City.

Construction Claims. The Members acknowledge that the Company may be subject to claims arising out of the design and/or construction of Residences in the Project (collectively “Construction Claims”), and that such claims may be asserted for an extended period of time after all of the Residences have been sold. In order to provide for the possibility of Construction Claims, Manager, may, but shall not be required to maintain reserves for such purpose and/or cause the Company to make payments to a self-insurance pool maintained by one or more Affiliates of Manager to cover self-insured retention risks for Construction Claims against the Company and other partnerships or limited liability companies in which one or more Affiliates of Manager is the general partner, manager or managing member. Such reserves or payments may be established or made out of cash available for distribution from the sale of Residences or proceeds of liquidation of the Company’s assets. Any payments to such a self-insurance pool shall be considered an expense of the Company when paid and, to the extent any of such payments are subsequently returned to the Company upon liquidation of the self-insurance pool or as a result of the Company’s claims record with respect to Construction Claims, the repayment shall be treated as income at the time of receipt.

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