Common use of GENERAL AND SPECIAL PROVISIONS Clause in Contracts

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. 7.1 This Agreement shall be governed exclusively by the provisions hereof hereof, and by the laws of the State of New Mexico Mexico, as the same from time to time exist. 7.2 Terms used in this Agreement that Agreement, which are defined in the Conditions of the Contract 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 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 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 until: A. Approved by the governing bodyCabinet Secretary of the General Services Department; and signed and B. Signed by all parties which are required to sign this Agreement and reviewed by the Funding AgencyAgreement. 7.6 The Contractor and his agents and employees are independent contractors contractors, and are not employees of the OwnerState of New Mexico. The Contractor and his agents and employees shall not accrue leave, retirement, insurance, bonding, use of Owner State vehicles, or any other benefits afforded to employees of the Owner State of New Mexico, 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 employees, and the State of New Mexico from his all 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 the State of New Mexico to any obligation not assumed herein by Owner the State of New Mexico unless the Contractor has express written authority to do so, and then only within the strict limits of that authority.