Common use of COORDINATION WITH OTHER CONTRACTORS Clause in Contracts

COORDINATION WITH OTHER CONTRACTORS. 12.1 During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the Engineer. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 If the Engineer determines that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's directions. 12.3 The Contractor shall notify the Engineer in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer finds such charges to be true, the Engineer shall promptly issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's failure to promptly comply with the directions so issued by the Engineer, or by reason of any Other Contractor's default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's failure to comply with the Engineer's directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 with respect to any claims which may be made for damages due to the Contractor's failure to comply with the Engineer's directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 Should the Contractor sustain any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 Should any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 The City's right to indemnification hereunder shall in no way be diminished, waived or discharged by its recourse to assessment of liquidated damages as provided in Article 15, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 45.1. During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the EngineerProject Manager. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 45.2. If the Engineer Project Manager determines that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer Project Manager has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's Project Manager’s directions. 12.3 45.3. The Contractor shall notify the Engineer Project Manager in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer Project Manager finds such charges to be true, the Engineer shall promptly Project Manager may issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's ’s failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's ’s failure to promptly comply with the directions so issued by the EngineerProject Manager, or by reason of any Other Contractor's ’s default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer Project Manager pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer Project Manager to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 45.4. The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's ’s failure to comply with the Engineer's Project Manager’s directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 56 with respect to any claims which may be made for damages due to the Contractor's ’s failure to comply with the Engineer's Project Manager’s directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 45.5. Should the Contractor sustain any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 45.5.1. Should any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 45.6. The City's ’s right to indemnification hereunder shall in no way be diminished, waived or discharged discharged, by its recourse to assessment of liquidated damages as provided in Article 1548, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 12.1. During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the Engineer. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 12.2. If the Engineer determines that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's directions. 12.3 12.3. The Contractor shall notify the Engineer in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer finds such charges to be true, the Engineer shall promptly issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's failure to promptly comply with the directions so issued by the Engineer, or by reason of any Other Contractor's default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 12.4. The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's failure to comply with the Engineer's directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 with respect to any claims which may be made for damages due to the Contractor's failure to comply with the Engineer's directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 12.5. Should the Contractor sustain any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 12.5.1. Should any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 12.6. The City's right to indemnification hereunder shall in no way be diminished, waived or discharged by its recourse to assessment of liquidated damages as provided in Article 15, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 40.1. During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the EngineerProject Manager. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 40.2. If the Engineer Project Manager determines that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer Project Manager has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the EngineerProject Manager's directions. 12.3 40.3. The Contractor shall notify the Engineer Project Manager in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer Project Manager finds such charges to be true, the Engineer shall promptly Project Manager may issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's failure to promptly comply with the directions so issued by the EngineerProject Manager, or by reason of any Other Contractor's default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer Project Manager pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer Project Manager to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 40.4. The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's failure to comply with the EngineerProject Manager's directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 47 with respect to any claims which may be made for damages due to the Contractor's failure to comply with the EngineerProject Manager's directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 40.5. Should the Contractor sustain any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 40.5.1. Should any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 40.6. The City's right to indemnification hereunder shall in no way be diminished, waived or discharged discharged, by its recourse to assessment of liquidated damages as provided in Article 1542, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 45.1. During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the EngineerEngineer or Project Manager. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 45.2. If the Engineer or Project Manager determines that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer or Project Manager has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's ’s or Project Manager’s directions. 12.3 45.3. The Contractor shall notify the Engineer or Project Manager in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer or Project Manager finds such charges to be true, the Engineer or Project Manager shall promptly issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's ’s failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's ’s failure to promptly comply with the directions so issued by the EngineerEngineer or Project Manager, or by reason of any Other Contractor's ’s default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer or Project Manager pursuant to this Article 12 45 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 45.4. The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's ’s failure to comply with the Engineer's ’s or Project Manager’s directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 56 with respect to any claims which may be made for damages due to the Contractor's ’s failure to comply with the Engineer's ’s or Project Manager’s directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 45.5. Should the Contractor sustain any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 45.5.1. Should any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 45.6. The City's ’s right to indemnification hereunder shall in no way be diminished, waived or discharged discharged, by its recourse to assessment of liquidated damages as provided in Article 1548, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 40.1. During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the EngineerProject Manager. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 40.2. If the Engineer Project Manager determines that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer Project Manager has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's Project Manager’s directions. 12.3 40.3. The Contractor shall notify the Engineer Project Manager in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer Project Manager finds such charges to be true, the Engineer shall promptly Project Manager may issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's ’s failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's ’s failure to promptly comply with the directions so issued by the EngineerProject Manager, or by reason of any Other Contractor's ’s default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer Project Manager pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 40.4. The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's ’s failure to comply with the Engineer's Project Manager’s directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 47 with respect to any claims which may be made for damages due to the Contractor's ’s failure to comply with the Engineer's Project Manager’s directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 40.5. Should the Contractor sustain any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 40.5.1. Should any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 40.6. The City's ’s right to indemnification hereunder shall in no way be diminished, waived or discharged discharged, by its recourse to assessment of liquidated damages as provided in Article 1542, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the Engineer. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 If the Engineer determines that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's directions. 12.3 The Contractor shall notify the Engineer in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer finds such charges to be true, the Engineer shall promptly issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's failure to promptly comply with the directions so issued by the Engineer, or by reason of any Other Contractor's default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's failure to comply with the Engineer's directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 with respect to any claims which may be made for damages due to the Contractor's failure to comply with the Engineer's directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 Should If the Contractor sustain sustains any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 Should If any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 The City's right to indemnification hereunder shall in no way be diminished, waived or discharged by its recourse to assessment of liquidated damages as provided in Article 15, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 40.1. During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the EngineerEngineer or Project Manager. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 40.2. If the Engineer or Project Manager determines that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer or Project Manager has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's ’s or Project Manager’s directions. 12.3 40.3. The Contractor shall notify the Engineer or Project Manager in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer or Project Manager finds such charges to be true, the Engineer or Project Manager shall promptly issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's ’s failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's ’s failure to promptly comply with the directions so issued by the EngineerEngineer or Project Manager, or by reason of any Other Contractor's ’s default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer or Project Manager pursuant to this Article 12 40 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 40.4. The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's ’s failure to comply with the Engineer's ’s or Project Manager’s directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 47 with respect to any claims which may be made for damages due to the Contractor's ’s failure to comply with the Engineer's ’s or Project Manager’s directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 40.5. Should the Contractor sustain any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 40.5.1. Should any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 40.6. The City's ’s right to indemnification hereunder shall in no way be diminished, waived or discharged discharged, by its recourse to assessment of liquidated damages as provided in Article 1542, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 46.1. During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the EngineerProject Manager. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 46.2. If the Engineer determines Project Manager shall determine that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer Project Manager has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's Project Manager’s directions. 12.3 46.3. The Contractor shall notify the Engineer Project Manager in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer Project Manager finds such charges to be true, the Engineer shall promptly Project Manager may issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's ’s failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's ’s failure to promptly comply with the directions so issued by the EngineerProject Manager, or by reason of any Other Contractor's ’s default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer Project Manager pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer Project Manager to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 46.4. The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's ’s failure to comply with the Engineer's Project Manager’s directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 56 with respect to any claims which may be made for damages due to the this Contractor's ’s failure to comply with the Engineer's directions Project Manager’s direction promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 46.5. Should the Contractor sustain any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor Subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 46.5.1. Should any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action suit based upon such claim and if any judgment or claim claims (even if the allegations of the action suit are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 46.6. The City's ’s right to indemnification hereunder shall in no way be diminished, waived or discharged discharged, by its recourse to assessment of liquidated damages as provided in Article 1549, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 During the progress of the Work, Other Contractors may be engaged in performing other work on the site or may be awarded other contracts for additional work on this Project. In that event, the Contractor shall coordinate the its Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit integrate its own Work to with that provided under other contracts of Other Contractors, or as may be otherwise directed by the EngineerProject Manager. The Contractor shall not commit or permit any act which that will interfere with the performance of work by any Other Contractors. 12.2 Contractor. If the Engineer determines Project Manager shall determine that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer has directedContractors, then the Commissioner City shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's directions. 12.3 The directions of the Project Manager or otherwise demonstrates its coordination with other work and continuing coordination. If the Contractor shall notify notifies the Engineer Project Manager in writing if that any Other Contractor on this Project project is failing to coordinate its own work with the Contractor's Work of under this Contract, the Project Manager will investigate such claim. If the Engineer Project Manager finds such charges claim to be true, the Engineer shall Project Manager will promptly issue such directions appropriate direction to the Other Contractor with respect thereto as the situation may requirebe required. The City shall not, however, be liable for any damages suffered by any the Contractor by reason of the Other Contractor's ’s failure to coordinate its work promptly comply with the Work of this Contract directions issued by the Project Manager or by reason of the Other Contractor's ’s failure to promptly comply with the directions so issued by the Engineer, or by reason of any Other Contractor's default in performancecoordinate, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses expense to which the City may be subjected or which it they may suffer or incur by reason of the Contractor's ’s failure to comply with the Engineer's directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 with respect to any claims which may be made for damages due to the Contractor's failure to comply with the EngineerProject Manager's directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 Should the Contractor sustain any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the City's contracts with such Other Contractors: 12.5.1 . Should any Other Contractor having or who shall hereafter have a contract with at the City for the performance of work upon the Site site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend such Other Contractor at its own the Contractor's sole cost and expense any action based upon such claim and if any judgment or claim (even if in the allegations of same manner that the action are without merit) against Contractor is obligated to indemnify the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claimsunder this Contract. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 The City's right to indemnification hereunder shall in no way be deemed an election of remedies, nor shall such indemnification be diminished, waived or discharged by its recourse to the City's assessment of liquidated damages as provided in Article 15, this Contract or by the its exercise of any other remedy provided for by Contract contract or by Lawlaw.

COORDINATION WITH OTHER CONTRACTORS. 12.1 45.1. During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the EngineerProject Manager. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 45.2. If the Engineer Project Manager determines that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer Project Manager has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's Project Manager’s directions. 12.3 45.3. The Contractor shall notify the Engineer Project Manager in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer Project Manager finds such charges to be true, the Engineer shall promptly Project Manager may issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's ’s failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's ’s failure to promptly comply with the directions so issued by the EngineerProject Manager, or by reason of any Other Contractor's ’s default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer Project Manager pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer Project Manager to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 45.4. The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's ’s failure to comply with the Engineer's Project Manager’s directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 56 with respect to any claims which may be made for damages due to the Contractor's ’s failure to comply with the Engineer's Project Manager’s directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 45.5. Should the Contractor sustain any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 Should any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 The City's right to indemnification hereunder shall in no way be diminished, waived or discharged by its recourse to assessment of liquidated damages as provided in Article 15, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the EngineerDirector. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 If the Engineer Director determines that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer Director has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's Director’s directions. 12.3 The Contractor shall notify the Engineer Director in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer Director finds such charges to be true, the Engineer Director shall promptly issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's failure to promptly comply with the directions so issued by the Engineer, Director or by reason of any Other Contractor's default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer Director pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer Director to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's failure to comply with the EngineerDirector's directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 with respect to any claims which may be made for damages due to the Contractor's failure to comply with the EngineerDirector's directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 Should If the Contractor sustain sustains any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 Should If any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 The City's right to indemnification hereunder shall in no way be diminished, waived or discharged by its recourse to assessment of liquidated damages as provided in Article 15, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 During the progress of the Work, Other Contractors may be engaged in performing other work or may be awarded other contracts for additional work on this Project. In that event, the Contractor shall coordinate the Work to be done hereunder with the work of such Other Contractors and the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as may be directed by the Engineer. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 If the Engineer determines that the Contractor is failing to coordinate its Work with the work of Other Contractors as the Engineer has directed, then the Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies with the Engineer's ’s directions. 12.3 The Contractor shall notify the Engineer in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer finds such charges to be true, the Engineer shall promptly issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's ’s failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's ’s failure to promptly comply with the directions so issued by the Engineer, or by reason of any Other Contractor's ’s default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor. 12.4 The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's ’s failure to comply with the Engineer's ’s directions promptly; and the Comptroller shall have the right to exercise the powers reserved in Article 23 with respect to any claims which may be made for damages due to the Contractor's ’s failure to comply with the Engineer's ’s directions promptly. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 Should the Contractor sustain any damage through any act or omission of any Other Contractor having a contract with the City for the performance of work upon the Site or of work which may be necessary to be performed for the proper prosecution of the Work to be performed hereunder, or through any act or omission of a subcontractor of such Other Contractor, the Contractor shall have no claim against the City for such damage, but shall have a right to recover such damage from the Other Contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 Should any Other Contractor having or who shall hereafter have a contract with the City for the performance of work upon the Site sustain any damage through any act or omission of the Contractor hereunder or through any act or omission of any Subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor for all such damages and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as the facts and Law relating to any claim would preclude the City from being completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.6 The City's ’s right to indemnification hereunder shall in no way be diminished, waived or discharged by its recourse to assessment of liquidated damages as provided in Article 15, or by the exercise of any other remedy provided for by Contract or by Law.

COORDINATION WITH OTHER CONTRACTORS. 12.1 During the progress of the Workwork, Other Contractors other contractors may be engaged in performing other work at or may be awarded other contracts for additional work on this Projectin the vicinity of the Plant Site. In that event, the Contractor shall coordinate the Work work to be done hereunder with the work of such Other Contractors and other contractors in such manner as the Contractor shall fully cooperate with such Other Contractors and carefully fit its own Work to that provided under other contracts as Program Manager may be directed by the Engineerdirect. The Contractor shall not commit or permit any act which will interfere with the performance of work by any Other Contractors. 12.2 If the Engineer determines Program Manager, in accordance with all applicable provisions of this Agreement, shall determine that the Contractor is significantly failing to coordinate its Work his work with the work of Other Contractors other contractors as the Engineer Program Manager has directed, then the : A. The Commissioner shall have the right to withhold any payments otherwise due hereunder until the Contractor completely complies Program Manager's directions are complied with the Engineer's directions. 12.3 The Contractor shall notify the Engineer in writing if any Other Contractor on this Project is failing to coordinate its work with the Work of this Contract. If the Engineer finds such charges to be true, the Engineer shall promptly issue such directions to the Other Contractor with respect thereto as the situation may require. The City shall not, however, be liable for any damages suffered by any Other Contractor's failure to coordinate its work with the Work of this Contract or by reason of the Other Contractor's failure to promptly comply with the directions so issued by the EngineerContractor, or by reason of any Other Contractor's default in performance, it being understood that the City does not guarantee the responsibility or continued efficiency of any contractor. The Contractor agrees to make no claim against the City for any damages relating to or arising out of any directions issued by the Engineer pursuant to this Article 12 (including but not limited to the failure of any Other Contractor to comply or promptly comply with such directions), or the failure of the Engineer to issue any directions, or the failure of any Other Contractor to coordinate its work, or the default in performance of any Other Contractor.and 12.4 B. The Contractor shall indemnify and hold the City harmless from any and all claims or judgments for damages and from costs and expenses to which the City may be subjected or which it may suffer or incur by reason of the Contractor's failure to comply with the EngineerProgram Manager's directions promptly; and the and C. The Comptroller shall have the right to exercise the powers reserved in Article 23 5 hereof with respect to any claims which may be made for damages due to the this Contractor's failure to comply with the EngineerProgram Manager's directions direction promptly. Insofar If the Contractor notifies the Program Manager in writing that another contractor at or in the vicinity of the Plant Site is failing to coordinate his work with the work of his contract as directed, the Program Manager may issue such directions to the other contractor with respect thereto as the facts and Law relating Program Manager deems appropriate. The City shall not, however, be liable for any damages suffered by this Contractor by reason of the other contractor's failure to any claim would preclude promptly comply with the directions so issued by the Project Manager, or by reason of another contractor's default in performance, it being understood that the City from being completely indemnified by does not guarantee the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law. 12.5 responsibility or continued efficiency of any contractor. Should the Contractor sustain any damage through any act or omission of any Other Contractor other contractor having a contract with the City for the performance of work upon at or in the vicinity of the Plant Site or of work which may be necessary to be performed for the proper prosecution execution of the Work work to be performed hereunder, hereunder or through any the willful or negligent act or omission of a subcontractor of such Other Contractorcontract, the Contractor shall have no claim against the City for such damagedamage to the extent such damage is not the fault of the City, but shall have a right to recover such damage from the Other Contractor other contractor under the provision similar to the following provisions which apply to this Contract and have been or will be inserted in the contracts with such Other Contractors: 12.5.1 other contractors. Should any Other Contractor other contractor having or who shall hereafter have a contract with the City for the performance of work upon at the Plant Site sustain any damage through any the willful or negligent act or omission of the Contractor hereunder or through any act or omission of any Subcontractor subcontractor of the Contractor, the Contractor agrees to reimburse such Other Contractor other contractor for all such damages damage and to defend at its own expense any action based upon such claim and if any judgment or claim (even if the allegations of the action are without merit) against the City shall be allowed the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith and agrees to indemnify and hold the City harmless from all such claims. Insofar as claims to the facts and Law relating to any claim would preclude the City from being completely indemnified by extent of the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent provided by Law's negligence. 12.6 The City's right to indemnification hereunder shall in no way be diminished, waived or discharged by its recourse to assessment of liquidated damages as provided in Article 15, or by the exercise of any other remedy provided for by Contract or by Law.