GENERAL AND SPECIAL PROVISIONS. A. General Provisions
GENERAL AND SPECIAL PROVISIONS. 7.1 This document shall be executed in no less than four (4) counterparts, each of which shall be deemed an original.
GENERAL AND SPECIAL PROVISIONS. 7.1 This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of New Mexico as the same from time to time exist.
7.2 Terms used in this Agreement that are defined in the Conditions of the Contract shall have the meanings designated in those Conditions.
7.3 As between the parties to this Agreement. As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Completion of the Work; and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of the Owner's approval of the Final Certificate of Payment.
7.4 The Contractor shall hold harmless and indemnify the Owner against any and all injury, loss, or damage, including cost of defense - including but not limited to court costs and attorneys' fees - arising out of the negligent acts, errors, or omissions of the Contractor.
7.5 This Agreement shall not become effective until approved by the governing body; and signed by all parties required to sign this Agreement and reviewed by the Funding Agency.
7.6 The Contractor and his agents and employees are independent contractors and are not employees of the Owner. The Contractor and his agents and employees shall not accrue leave, retirement, insurance, bonding, use of Owner vehicles, or any other benefits afforded to employees of the Owner as a result of this Agreement.
7.7 The Contractor, upon final payment of the amounts due under this Agreement, releases the Owner, his officers and employees from his liabilities and obligations arising from or under this Agreement, including but not limited to all damages, losses, costs, liability, and expenses, including but not limited to attorneys' fees and costs of litigation that the Contractor may incur.
7.8 The Contractor agrees not to purport to bind Owner to any obligation not assumed herein by Owner unless the Contractor has express written authority to do so, and then only within the strict limits of that authority.
GENERAL AND SPECIAL PROVISIONS. 9.1 This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of New Mexico as the same from time to time exist.
9.2 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions.
9.3 The Contractor shall defend, indemnify, and hold harmless the Owner against any and all injury, loss, or damage, including, without limitation, costs of defense, court costs and attorney’s fees, arising out of the acts, errors, or omissions of the Contractor.
9.4 An enumeration of the Contractor’s General Comprehensive Liability Insurance requirements appears in the General Conditions of the Contract for construction. Insurance requirements are also described in the Instructions to the Bidder section of the Project Manual. Contractor shall maintain adequate insurance in at least the maximum amounts which the Owner could be liable under the New Mexico Tort Claims Act and shall provide proof of such insurance coverage to the City. It is the sole responsibility of the Contractor to be in compliance with the law.
9.5 This Agreement shall not become effective until: (1) approved by the Governing Body; and (2) signed by all parties required to sign this Agreement.
9.6 The Contractor and the Contractor’s agents and employees are independent contractors performing professional and technical services for the Owner and are not employees of the Owner. The Contractor and the Contractor’s agents and employees shall not accrue leave, retirement, insurance, bonding, use of Owner’s vehicles, or any other benefits afforded to employees of the Owner as a result of this Agreement.
9.7 The Contractor shall not subcontract any portion of the services to be performed under this Agreement without prior written approval of the Owner.
9.8 The Contractor shall maintain detailed time records which indicate the date, time and nature of services rendered. These records shall be subject to inspection by the Owner, the Department of Finance and Administration and the State Auditor. The Owner shall have the right to audit xxxxxxxx both before and after payment. Payment under this Agreement shall not foreclose the right of the Owner to recover excessive illegal payments.
9.9 The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Owner for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Ow...
GENERAL AND SPECIAL PROVISIONS. 7.1 This Agreement shall be governed exclusively by the provisions hereof, and by the applicable ordinances of the Town of Taos and the laws of the State of New Mexico, as the same from time to time exist.
7.2 Terms used in this Agreement, which are defined in the Conditions of the Contract, shall have the meanings designated in those Conditions.
7.3 As between the parties to this Agreement: As to all acts or failures to act by either party to this Agreement, any applicable statue of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Completion of the Work; and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of the Owner's approval of the Final Certificate of Payment.
7.4 The Design-Builder shall hold harmless and indemnify the Owner against any and all injury, loss, or damage, including cost of defense - including but not limited to court costs and attorneys' fees - arising out of the negligent acts, errors, or omissions of the Design-Builder.
7.5 This Agreement shall not become effective and the Owner shall not issue Notice to Proceed until: A. Approved by the Governing Body of the Town of Taos; and
GENERAL AND SPECIAL PROVISIONS. A. General Provisions
1. Governing Regulations. The following Federal regulations are incorporated by reference into this Agreement:
GENERAL AND SPECIAL PROVISIONS. If there is any doubt or inconsistency with respect to the application of a provision hereof, this Agreement shall be construed by prioritizing the special meaning and/or application over the general meaning and/or application.
GENERAL AND SPECIAL PROVISIONS a. This Agreement is subject to the availability of authorized funding appropriations available to State Parks and the Town. The Town shall not be required to expend, any Town funds in connection with the proposed Project, except for in kind contributions as may be agreed.
GENERAL AND SPECIAL PROVISIONS. A. Conflict of Interest
GENERAL AND SPECIAL PROVISIONS. Special Provisions: Recipient Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239).
