MODELDOCUMEN. As additional consideration for the final payment, Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless Princeton University from and against all costs, losses, damages, claims, causes of action, judgments and expenses, including attorney’s fees, arising out of or in connection with any claims or causes of action for payment or any liens asserted against Princeton University, or the aforesaid land and improvements (including personal property related thereto), which arise out of the performance of the work under the Contract and which may be asserted by the Contractor or any of its subcontractors, sub-subcontractors or materialmen of any tier thereof. As additional consideration for the final payment aforementioned, Contractor hereby unconditionally releases and forever discharges Princeton University from all claims for payment and all other claims and causes of action of every nature, known or unknown, arising out of or in connection with the performance of the said Contract. This release and discharge shall not apply to claims that Contractor may have against Princeton University for contribution or indemnity (if any) based upon third party claims asserted against Contractor for personal injury or damage to property asserted after the date hereof. Contractor further declares that it has made proper payment of all monies due to all of its employees, subcontractors and suppliers of labor, materials, and/or equipment, and agrees to indemnify and hold Princeton University harmless from any claim or demand it might suffer by reason of failure of this certification. The foregoing shall not relieve Contractor of its obligations under the provisions of said Contract, as amended, which by nature survive completion of the Work including without limitation, warranties, guarantees, and indemnities. Given under our hand and seal this date: by /Form signed and dated by Contractor/ With reference to Subcontract No. as amended, by and between (“Subcontractor”) and _ (“Contractor”) for work for the construction of (the “Project”), the undersigned Subcontractor hereby certifies and represents that conditioned upon full payments of the sum of $ (the “final payment”) pursuant to Subcontractor Application for Payment No. _ dated _ in the amount of $ it has made full payment of all costs, charges and expenses incurred by it or on its behalf for work, labor, services, materials and equipment supplied to the foregoing premises and/or used i...
MODELDOCUMEN. Within ten (10) business days of receiving a Princeton University-initiated request for proposal, the Contractor shall provide Princeton University with a written change order request (hereinafter “Change Order Request”) stating all changes in the Contract, including, without limitation, any changes to the Contract Time, the Project Schedule, the Contract Price, to which it believes it is entitled as a result of the request for proposal. The Change Order Request submitted by Contractor for changes in the Work must be completely itemized and show the affected drawings, quantities of material involved, and the dollar amounts for labor, materials, equipment rental, salaried personnel costs, insurance, and taxes, as well as changes in the then-current Project Schedule and in the Contract Time in format and detail reasonably satisfactory to Princeton University. Princeton University may request, and the Contractor shall promptly provide, further cost breakdowns, clarifications, documentation, or back-up if Princeton University reasonably believes such additional information is needed to understand and evaluate the request.
MODELDOCUMEN. If Shop Drawings, Product Data, Samples, Certified Tests Reports, or Certificates of Compliance show variations from the Contract requirements, the Contractor shall clearly and fully describe such variations, in writing, at the time of submission. If Princeton University approves any such variation(s), an appropriate Contract modification will be issued by Princeton University, except that, if the variation is minor and does not involve a change in price or in time of performance, a modification need not be issued.
MODELDOCUMEN. When payment is received from Princeton University, the Contractor shall immediately pay all Subcontractors, materialmen, laborers, and suppliers the amount they are due for the Work covered by such payment. In the event Princeton University becomes informed that the Contractor has not paid a Subcontractor, materialman, laborer or supplier as provided herein, Princeton University may issue future checks to the Contractor in appropriate amounts otherwise due hereunder naming the Contractor and any such Subcontractor, materialman, laborer or supplier as joint payees. Such joint check procedure, if employed by Princeton University, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check, shall not create any rights in such Subcontractor, materialman, laborer or supplier against Princeton University, and shall not be deemed to commit Princeton University to repeat the procedure in the future.
MODELDOCUMEN. Contractor shall immediately advise Princeton University of any violation notice issued to them by any authority having jurisdiction and shall provide Princeton University a copy of said violation notice. Contractor shall appear at hearings, proceedings or in court with respect to such compliance or with respect to violations or claimed violations of legal requirements, and pay all legal fees, fines and penalties incurred by or imposed upon Princeton University or upon Contractor relating to Contractor’s noncompliance, violations or claimed violations.
MODELDOCUMEN. Princeton University is a non-profit educational institution exempt from paying certain federal, state, and local taxes, including New Jersey Sales Taxes (Exemption No. EO-210-634-501) and New Jersey Excise Taxes (Exemption No. A-I10839). Pursuant to N.J.S.A. 54:32B-8.22 this exemption applies to all purchases by contractors or repairmen of materials, supplies or services for the exclusive use in erecting structures or building on, or otherwise improving, altering or repairing its real property. Contractor shall utilize the exemption to the fullest extent possible. Contractor shall not be reimbursed for any taxes subject to the aforementioned exemptions regardless of whether Contractor has paid such taxes, and shall reimburse Princeton University should any payment to Contractor include reimbursement for such taxes.
MODELDOCUMEN. The Contractor is required to retain records which shall include, but not be limited to, copies of all plans, specifications, submittals, correspondence, email, minutes, memoranda, audio or visual recordings, videos, policies, procedures, accounting records and other data, regardless of type and regardless of whether such items are in written form, in the form of electronic data, or in any other form, which document the Project, its design, and its construction, and all costs relating thereto, and that in Princeton University’s judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by the Contract. The Contractor shall retain all records relating to this Contract until the expiration of seven (7) years after final payment is made under this Contract or for any longer period of time as may be required by law or good business practice, or six (6) months after final resolution (by non-appealable judgment or settlement) of any disputes, whichever may be later. Upon the request of Princeton University, and by no later than three (3) days from written notice, the Contractor shall make its records available during normal business hours to Princeton University, its authorized representative(s) or to any state, federal or other regulatory authority. Any such authority, Princeton University, and its authorized representative(s) shall be entitled to inspect, examine, review, copy, and audit the Contractor’s records at its own expense, within adequate work space at the Contractor’s facilities. Failure by the Contractor to supply substantiating records shall be reason to exclude the related costs from amounts which might otherwise be payable by Princeton University to the Contractor pursuant to the Contract.
MODELDOCUMEN. If the claim, controversy or dispute is not settled within ten (10) business days after the first day of mediation (or such longer time agreed to by both parties), either party may initiate litigation in the United States District Court for the District of New Jersey that covers Mercer County, or in the Superior Court of the State of New Jersey for Mercer County, and Contractor may not initiate litigation in any other forum; however, neither party may initiate litigation against the other without first utilizing the process set forth in this Clause H4 except for seeking a temporary restraining order and/or a preliminary injunction. To the extent permitted by law, the parties agree that any statute of limitations applicable to any claim, controversy, or dispute shall be tolled from the date that such notice is sent under subparagraph (b) above until the first day upon which the parties are permitted to initiate litigation, as set forth in subparagraph (f) below.
MODELDOCUMEN. All Princeton University facilities (e.g., lavatories, gymnasium, cafeteria, parking areas, etc.) are off limits to all Contractor and Subcontractor employees at any tier, unless otherwise approved in advanced by Princeton University. The Contractor shall confine all operations (including storage of materials) on Princeton University premises to areas authorized or approved by Princeton University. Seven (7) days prior to any required utility shutdown, the Contractor shall submit written notification to Princeton University requesting the shutdown. The Contractor shall arrange its work so the number of shutdowns and the period of each shutdown will have minimum impact on Princeton University. The Contractor is responsible for coordinating with local municipalities to determine any other notification and/or permit requirements.
MODELDOCUMEN. All interpretations or decisions of the Architect-Engineer interpreting the Construction Documents or relating to the execution and progress of the Work shall be final as to the implementation of the Drawings and Specifications and the performance of the Work unless otherwise ordered by Princeton University. Princeton University and Contractor, as the case may be, shall each notify the other and Architect-Engineer promptly of any exception taken to such decision or interpretation of the Architect-Engineer. Any such notice given by the Contractor shall indicate whether Contractor intends to assert a claim for additional cost or an extension of time because of such interpretation. Contractor shall present such claim to Princeton University in accordance with the provisions of Clause H3. Any request for extension of time shall be submitted in accordance with the requirements of Clause B4.
