Common use of EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK Clause in Contracts

EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK. The Cost of the Work shall also include costs described in Subparagraph 6.1.1 which are incurred by the Construction Manager: .1 In taking action to prevent threatened damage, injury or loss in the case of an emergency affecting the safety of persons and property, as provided in Paragraph 10.2 of the University of Nebraska’s General Conditions. .2 In repairing or correcting damaged, or nonconforming Work, executed by the Construction Manager or the Construction Manager’s Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement of the Construction Manager or the Construction Manager’s foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Construction Manager, or the failure of the Construction Manager’s personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, Subcontractors or suppliers.

Appears in 3 contracts

Samples: Construction Manager Agreement, Construction Manager Agreement, Construction Manager Agreement

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EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK. The Cost of the Work shall also include costs described in Subparagraph 6.1.1 which Section 6.1.1which are incurred by the Construction Manager: .1 In taking action to prevent threatened damage, injury or loss in the case of an emergency affecting the safety of persons and property, as provided in Paragraph 10.2 Section 10.6 of the University of Nebraska’s General ConditionsA201™—1997. .2 In repairing or correcting damaged, damaged or nonconforming Work, Work executed by the Construction Manager or the Construction Manager’s Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement agreement of the Construction Manager or the Construction Manager’s foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Construction Manager, or the failure of the Construction Manager’s personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, Subcontractors or suppliers.

Appears in 1 contract

Samples: Construction Manager Agreement (United Therapeutics Corp)

EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK. The Cost of the Work shall also include costs described in Subparagraph 6.1.1 which are incurred by the Construction Manager: .1 In taking action to prevent threatened damage, injury or loss in the case of an emergency affecting the safety of persons and property, as provided in Paragraph 10.2 10.3 of the University of Nebraska’s General ConditionsAIA Document A201. .2 In repairing or correcting damaged, damaged or nonconforming Work, Work executed by the Construction Manager or the Construction Manager’s 's Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement of the Construction Manager or the Construction Manager’s 's foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Construction Manager, or the failure of the Construction Manager’s 's personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, Subcontractors or suppliers.

Appears in 1 contract

Samples: Lease Agreement (Immunicon Corp)

EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK. The Cost of the Work shall also include costs described in Subparagraph 6.1.1 which Section 6.1.1which are incurred by the Construction Manager: .1 In taking action to prevent threatened damage, injury or loss in the case of an emergency affecting the safety of persons and property, as provided in Paragraph 10.2 Section 10.4 of the University of Nebraska’s General ConditionsA201™–2007. .2 In repairing or correcting damaged, damaged or nonconforming Work, Work executed by the Construction Manager or the Construction Manager’s Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement agreement of the Construction Manager or the Construction Manager’s foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Construction Manager, or the failure of the Construction Manager’s personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, Subcontractors or suppliers.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Construction Manager Where the Construction Manager Is Also Constructor

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EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK. The Cost of the Work shall also include costs described in Subparagraph 6.1.1 which are incurred by the Construction Manager: .1 In taking action to prevent threatened damage, injury or loss in the case of an emergency affecting the safety of persons and property, as provided in Paragraph 10.2 of the University of Nebraska’s General Conditionsparagraph 10.3 or AIA Document A201. .2 In repairing or correcting damaged, damaged or nonconforming Work, Work executed by the Construction Manager or the Construction Manager’s 's Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement of the Construction Manager or the Construction Manager’s 's foremen, engineers or superintendents, or other supervisory, supervisory administrative or managerial personnel of the Construction Manager, or the failure of the Construction Manager’s 's personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, Subcontractors or suppliers.

Appears in 1 contract

Samples: Construction Manager Agreement (Penn National Gaming Inc)

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