Common use of CONTRACTS FOR INSTALLATION OF THE MUNICIPAL IMPROVEMENTS Clause in Contracts

CONTRACTS FOR INSTALLATION OF THE MUNICIPAL IMPROVEMENTS. 8.1 Notwithstanding anything contained in this Section, the Developer acknowledges, understands and agrees that the Developer shall be fully responsible to the Town for the performance by the Developer of all the Developer's obligations as set forth in this Agreement; AND FURTHER the Developer acknowledges, understands and agrees that the Town shall not be obligated in any circumstances whatsoever to commence or prosecute any claim, demand, action or remedy whatsoever against any person with whom the Developer may contract for the performance of the Developer's obligations. 8.2 The Developer covenants and agrees that any contract entered into between the Developer and a Third Party in respect to the performance of all or any of the Developer's obligations as set out in this Agreement to construct and maintain the Municipal Improvements, or any of them, shall provide: (a) That the Third Party shall indemnify and save harmless the Town and the Developer from and with respect to any damages, claims or demands whatsoever (including all legal fees and disbursements on a solicitor and his own client full indemnity basis) arising out of the performance of any work undertaken by the Third Party or arising in any way from the negligence of the Third Party's servants, agents or employees; (b) That the Third Party shall provide reasonable proof of financial responsibility; (c) That the Third Party shall comply with the provisions of the Workers Compensation Act for the Province of Alberta; (d) That the Third Party will allow the Town access to the work for the purpose of inspection; (e) That the works to be performed by the Third Party shall not be deemed to be duly and adequately completed under the contract except upon the issuance of a Construction Completion Certificate for the same by the Town; (f) The Third Party shall coordinate with the Town work forces and others to facilitate the installation of utilities and shall protect such utilities from damage; (g) That the Third Party will carry adequate public liability insurance of an amount and coverage satisfactory to the Town to protect the Third Party and the Town from any claims, actions or demands arising from the pursuance or purported pursuance of the work being performed by such Third Party. (h) That, at the option of the Town, the Developer will ensure that the Third Party shall carry a Labour and Materials Payment Bond in the amount of Fifty percent (50%) of the contract price.

CONTRACTS FOR INSTALLATION OF THE MUNICIPAL IMPROVEMENTS. ‌ 8.1 Notwithstanding anything contained in this Section, the Developer acknowledges, understands and agrees that the Developer shall be fully responsible to the Town for the performance by the Developer of all the Developer's obligations as set forth in this Agreement; AND FURTHER the Developer acknowledges, understands and agrees that the Town shall not be obligated in any circumstances whatsoever to commence or prosecute any claim, demand, action or remedy whatsoever against any person with whom the Developer may contract for the performance of the Developer's obligations. 8.2 The Developer covenants and agrees that any contract entered into between the Developer and a Third Party in respect to the performance of all or any of the Developer's obligations as set out in this Agreement to construct and maintain the Municipal Improvements, or any of them, shall provide: (a) That the Third Party shall indemnify and save harmless the Town and the Developer from and with respect to any damages, claims or demands whatsoever (including all legal fees costs and disbursements on a solicitor and his own client full indemnity basis) arising out of the performance of any work undertaken by the Third Party or arising in any way from the negligence of the Third Party's servants, agents or employees; (b) That the Third Party shall provide reasonable proof of financial responsibility; (c) That the Third Party shall comply with the provisions of the Workers Compensation Act for the Province of Alberta; (d) That the Third Party will allow the Town access to the work for the purpose of inspection; (e) That the works to be performed by the Third Party shall not be deemed to be duly and adequately completed under the contract except upon the issuance of a Construction Completion Certificate for the same by the Town; (f) The That the Third Party shall coordinate with the Town work forces and others to facilitate the installation of utilities and shall protect such utilities from damage; (g) That the Third Party will carry adequate public liability insurance of an amount and coverage satisfactory to the Town to protect the Third Party and the Town from any claims, actions or demands arising from the pursuance or purported pursuance of the work being performed by such Third Party.; (h) That, at the option of the Town, the Developer will ensure that That the Third Party shall carry acquire a Labour and Materials Payment Bond in the amount Town of Fifty percent (50%) of the contract priceHigh River business license.

CONTRACTS FOR INSTALLATION OF THE MUNICIPAL IMPROVEMENTS. 8.1 ‌ 7.1 Notwithstanding anything contained in this Section, the Developer acknowledges, understands and agrees that the Developer shall be fully responsible to the Town for the performance by the Developer of all the Developer's obligations as set forth in this Agreement; AND FURTHER the Developer acknowledges, understands and agrees that the Town shall not be obligated in any circumstances whatsoever to commence or prosecute any claim, demand, action or remedy whatsoever against any person with whom the Developer may contract for the performance of the Developer's obligations. 8.2 7.2 The Developer covenants and agrees that any contract entered into between the Developer and a Third Party in respect to the performance of all or any of the Developer's obligations as set out in this Agreement to construct and maintain the Municipal Improvements, or any of them, shall provide: (a) That the Third Party shall indemnify and save harmless the Town and the Developer from and with respect to any damages, claims or demands whatsoever (including all legal fees costs and disbursements on a solicitor and his own client full indemnity basis) arising out of the performance of any work undertaken by the Third Party or arising in any way from the negligence of the Third Party's servants, agents or employees; (b) That the Third Party shall provide reasonable proof of financial responsibility; (c) That the Third Party shall comply with the provisions of the Workers Compensation Act for the Province of Alberta; (d) That the Third Party will shall allow the Town access to the work for the purpose of inspection; (e) That the works to be performed by the Third Party shall not be deemed to be duly and adequately completed under the contract except upon the issuance of a Construction Completion Certificate for the same by the Town; (f) The That the Third Party shall coordinate with the Town work forces and others to facilitate the installation of utilities and shall protect such utilities from damage; (g) That the Third Party will carry adequate public liability insurance of an amount and coverage satisfactory to the Town to protect the Third Party and the Town from any claims, actions or demands arising from the pursuance or purported pursuance of the work being performed by such Third Party.; (h) That, at the option of the Town, the Developer will ensure that That the Third Party shall carry acquire a Labour and Materials Payment Bond in the amount Town of Fifty percent (50%) of the contract priceHigh River business license.

CONTRACTS FOR INSTALLATION OF THE MUNICIPAL IMPROVEMENTS. 8.1 Notwithstanding anything contained in this Section, the Developer acknowledges, understands and agrees that the Developer shall be fully responsible to the Town Municipality for the performance by the Developer of all the Developer's obligations as set forth in this Agreement; AND FURTHER the Developer acknowledges, understands and agrees that the Town Municipality shall not be obligated in any circumstances whatsoever to commence or prosecute any claim, demand, action or remedy whatsoever against any person with whom the Developer may contract for the performance of the Developer's obligations. 8.2 The Developer covenants and agrees that any contract entered into between the Developer and a Third Party in respect to the performance of all or any of the Developer's obligations as set out in this Agreement to construct and maintain the Municipal Improvements, or any of them, shall provide: (a) That that the Third Party shall indemnify and save harmless the Town Municipality and the Developer from and with respect to any damages, claims or demands whatsoever (including all legal fees costs and disbursements on a solicitor and his own client full indemnity basis) arising out of the performance of any work undertaken by the Third Party or arising in any way from the negligence of the Third Party's servants, agents or employees; (b) That that the Third Party shall provide reasonable proof of financial responsibility; (c) That that the Third Party shall comply with the provisions of the Workers Compensation Act for the Province of Alberta; (d) That that the Third Party will allow the Town Municipality access to the work for the purpose of inspection; (e) That that the works to be performed by the Third Party shall not be deemed to be duly and adequately completed under the contract except upon the issuance of a Construction Completion Certificate for the same by the TownMunicipality; (f) The the Third Party shall coordinate with the Town Municipality work forces and others to facilitate the installation of utilities and shall protect such utilities from damage; (g) That that the Third Party will carry adequate public liability insurance of an amount and coverage satisfactory to the Town Municipality to protect the Third Party and the Town Municipality from any claims, actions or demands arising from the pursuance or purported pursuance of the work being performed by such Third Party.; and (h) Thatthat, at the option of the TownMunicipality, the Developer will ensure that the Third Party shall carry a Labour and Materials Payment Bond in the amount of Fifty percent (50%) of the contract price.

CONTRACTS FOR INSTALLATION OF THE MUNICIPAL IMPROVEMENTS. 8.1 7.1 Notwithstanding anything contained in this Section, the Developer acknowledges, understands and agrees that the Developer shall be fully responsible to the Town County for the performance by the Developer of all the Developer's obligations as set forth in this Agreement; AND FURTHER the Developer acknowledges, understands and agrees that the Town County shall not be obligated in any circumstances whatsoever to commence or prosecute any claim, demand, action or remedy whatsoever against any person with whom the Developer may contract for the performance of the Developer's obligations. 8.2 7.2 The Developer covenants and agrees that any contract entered into between the Developer and a Third Party in respect to the performance of all or any of the Developer's obligations as set out in this Agreement to construct and maintain the Municipal Improvements, or any of them, shall provide: (a) That the Third Party shall indemnify and save harmless the Town County and the Developer from and with respect to any damages, claims or demands whatsoever (including all legal fees costs and disbursements on a solicitor and his own client full indemnity basis) arising out of the performance of any work undertaken by the Third Party or arising in any way from the negligence of the Third Party's servants, agents or employees; (b) That the Third Party shall provide reasonable proof of financial responsibility; (c) That the Third Party shall comply with the provisions of the Workers Workers’ Compensation Act and Occupation Health and Safety Act for the Province of Alberta; (d) That the Third Party will allow the Town County access to the work for the purpose of inspection; (e) That the works to be performed by the Third Party shall not be deemed to be duly and adequately completed under the contract except upon the issuance of a Construction Completion Certificate for the same by the TownCounty; (f) The Third Party shall coordinate with the Town County work forces and others to facilitate the installation of utilities and shall protect such utilities from damage;; and (g) That the Third Party will carry adequate public liability insurance of an amount and coverage satisfactory to the Town County to protect the Third Party and the Town County from any claims, actions or demands arising from the pursuance or purported pursuance of the work being performed by such Third Party. (h) That, at the option of the Town, the Developer will ensure that the Third Party shall carry a Labour and Materials Payment Bond in the amount of Fifty percent (50%) of the contract price.

CONTRACTS FOR INSTALLATION OF THE MUNICIPAL IMPROVEMENTS. 8.1 5.1 Notwithstanding anything contained in this Section, the Developer acknowledges, understands and agrees that the Developer shall be fully responsible to the Town Municipality for the performance by the Developer of all the Developer's obligations as set forth in this Agreement; AND FURTHER the Developer acknowledges, understands and agrees that the Town Municipality shall not be obligated in any circumstances whatsoever to commence or prosecute any claim, demand, action or remedy whatsoever against any person with whom the Developer may contract for the performance of the Developer's obligations. 8.2 5.2 The Developer covenants and agrees that any contract entered into between the Developer and a Third Party in respect to the performance of all or any of the Developer's obligations as set out in this Agreement to construct and maintain the Municipal Improvements, or any of them, shall provide: (a) That that the Third Party shall indemnify and save harmless the Town Municipality and the Developer from and with respect to any damages, claims or demands whatsoever (including all legal fees costs and disbursements on a solicitor and his own client full indemnity basis) arising out of the performance of any work undertaken by the Third Party or arising in any way from the negligence of the Third Party's servants, agents or employees; (b) That that the Third Party shall provide reasonable proof of financial responsibility; (c) That that the Third Party shall comply with the provisions of the Workers Compensation Act for the Province of Alberta; (d) That that the Third Party will allow the Town Municipality access to the work for the purpose of inspection; (e) That that the works to be performed by the Third Party shall not be deemed to be duly and adequately completed under the contract except upon the issuance of a Construction Completion Certificate for the same by the TownMunicipality; (f) The the Third Party shall coordinate with the Town Municipality work forces and others to facilitate the installation of utilities and shall protect such utilities from damage; (g) That that the Third Party will carry adequate public liability insurance of an amount and coverage satisfactory to the Town Municipality to protect the Third Party and the Town Municipality from any claims, actions or demands arising from the pursuance or purported pursuance of the work being performed by such Third Party.; and (h) Thatthat, at the option of the TownMunicipality, the Developer will ensure that the Third Party shall carry a Labour and Materials Payment Bond in the amount of Fifty percent (50%) of the contract price.

CONTRACTS FOR INSTALLATION OF THE MUNICIPAL IMPROVEMENTS. 8.1 Notwithstanding anything contained in this Section, the Developer acknowledges, understands and agrees that the Developer shall be fully responsible to the Town County for the performance by the Developer of all the Developer's obligations as set forth in this Agreement; AND FURTHER the Developer acknowledges, understands and agrees that the Town County shall not be obligated in any circumstances whatsoever to commence or prosecute any claim, demand, action or remedy whatsoever against any person with whom the Developer may contract for the performance of the Developer's obligations. 8.2 The Developer covenants and agrees that any contract entered into between the Developer and a Third Party in respect to the performance of all or any of the Developer's obligations as set out in this Agreement to construct and maintain the Municipal Improvements, or any of them, shall provide: (a) That that the Third Party shall indemnify and save harmless the Town County and the Developer from and with respect to any damages, claims or demands whatsoever (including all legal fees costs and disbursements on a solicitor and his own client full indemnity basis) arising out of the performance of any work undertaken by the Third Party or arising in any way from the negligence of the Third Party's servants, agents or employees; (b) That that the Third Party shall provide reasonable proof of financial responsibility; (c) That that the Third Party shall comply with the provisions of the Workers Compensation Act for the Province of Alberta; (d) That that the Third Party will allow the Town County access to the work for the purpose of inspection; (e) That that the works to be performed by the Third Party shall not be deemed to be duly and adequately completed under the contract except upon the issuance of a Construction Completion Certificate for the same by the TownCounty; (f) The the Third Party shall coordinate with the Town County work forces and others to facilitate the installation of utilities and shall protect such utilities from damage; (g) That that the Third Party will carry adequate public liability insurance of an amount and coverage satisfactory to the Town County to protect the Third Party and the Town County from any claims, actions or demands arising from the pursuance or purported pursuance of the work being performed by such Third Party.; and (h) Thatthat, at the option of the TownCounty, the Developer will ensure that the Third Party shall carry a Labour and Materials Payment Bond in the amount of Fifty percent (50%) of the contract price.

CONTRACTS FOR INSTALLATION OF THE MUNICIPAL IMPROVEMENTS. 8.1 5.1 Notwithstanding anything contained in this Section, the Developer acknowledges, understands and agrees that the Developer shall be fully responsible to the Town Municipality for the performance by the Developer of all the Developer's obligations as set forth in this Agreement; AND FURTHER the Developer acknowledges, understands and agrees that the Town Municipality shall not be obligated in any circumstances whatsoever to commence or prosecute any claim, demand, action or remedy whatsoever against any person with whom the Developer may contract for the performance of the Developer's obligations. 8.2 5.2 The Developer covenants and agrees that any contract entered into between the Developer and a Third Party in respect to the performance of all or any of the Developer's obligations as set out in this Agreement to construct and maintain the Municipal Improvements, or any of them, shall provide: (a) That that the Third Party shall indemnify and save harmless the Town Municipality and the Developer from and with respect to any damages, claims or demands whatsoever (including all legal fees costs and disbursements on a solicitor and his own client full indemnity basis) arising out of the performance of any work undertaken by the Third Party or arising in any way from the negligence of the Third Party's servants, agents or employees; (b) That that the Third Party shall provide reasonable proof of financial responsibility; (c) That that the Third Party shall comply with the provisions of the Workers Compensation Act for the Province of Alberta; (d) That that the Third Party will allow the Town Municipality access to the work for the purpose of inspection; (e) That that the works to be performed by the Third Party shall not be deemed to be duly and adequately completed under the contract except upon the issuance of a Construction Completion Certificate for the same by the TownMunicipality; (f) The the Third Party shall coordinate with the Town Municipality work forces and others to facilitate the installation of utilities and shall protect such utilities from damage;; and (g) That that the Third Party will carry adequate public liability insurance of an amount and coverage satisfactory to the Town Municipality to protect the Third Party and the Town Municipality from any claims, actions or demands arising from the pursuance or purported pursuance of the work being performed by such Third Party. (h) That, at the option of the Town, the Developer will ensure that the Third Party shall carry a Labour and Materials Payment Bond in the amount of Fifty percent (50%) of the contract price.