Common use of MOULD Clause in Contracts

MOULD. 9.5.1. If the Contractor or the Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation of which is not expressly part of the Work, a) the observing party shall promptly report the circumstances to the other party in writing, b) the Contractor shall promptly take all reasonable steps, including stopping the Work, if necessary, to ensure that no person suffers injury, sickness, or death and that no property is damaged as a result of exposure to or the presence of the mould, and c) if the Owner and the Contractor do not agree on the existence, significance, or cause of the mould or as to what steps need be taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and the Contractor. 9.5.2. If the Owner and the Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was caused by the Contractor's operations under the Contract, the Contractor shall promptly, at the Contractor's own expense: a) take all reasonable and necessary steps to safely remediate or dispose of the mould, b) make good any damage to the Work, the Owner's property, or property adjacent to the Place of the Work as provided in paragraph 9.1.3 of GC9.1 – Protection of Work and Property, c) reimburse the Owner for reasonable costs incurred under paragraph 9.5.1(c), and d) indemnify the Owner as required by GC13.1 - Indemnification. 9.5.3. If the Owner and the Contractor agree, or if the expert referred to in paragraph 9.5.1(c) determines that the presence of mould was not caused by the Contractor's operations under the Contract, the Owner shall promptly, at the Owner's own expense: a) take all reasonable and necessary steps to safely remediate or dispose of the mould, b) reimburse the Contractor for the cost of taking the steps under paragraph 9.5.1(b) and making good any damage to the Work as provided in paragraph 9.1.4 of GC9.1 – Protection of Work and Property, c) extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in paragraph 9.5.1(c) and reimburse the Contractor for reasonable costs incurred as a result of the delay, and d) indemnify the Contractor as required by GC13.1 - Indemnification. 9.5.4. If either party does not accept the expert's finding under paragraph 9.5.1(c), the disagreement shall be settled in accordance with Part 8 of the General Conditions – Dispute Resolution. If such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraphs 9.5.2 or 9.5.3, it being understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by GC9.5 - Mould. Part 10 - Governing Regulations GC10.1 - Taxes and Duties‌‌ 10.1.1. The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added Taxes payable by the Owner to the Contractor as stipulated in Article 4 of the Agreement – Contract Price. 10.1.2. Any increase or decrease in costs to the Contractor due to changes in taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. 10.2.1. The laws of the Place of the Work shall govern the Work. 10.2.2. The Owner shall obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the Contract Documents specify as the responsibility of the Contractor. 10.2.3. The Contractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which are necessary for the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Work after the issuance of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their procurement. 10.2.4. The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. 10.2.5. The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the Contractor shall advise the Consultant in writing requesting direction immediately upon such variance or change becoming known. The Consultant will issue the changes required to the Contract Documents as provided in GC6.1 - Owner's Right to Make Changes, GC6.2 – Change Order and GC6.3 – Change Directive. 10.2.6. If the Contractor fails to advise the Consultant in writing; fails to obtain direction as required in paragraph 10.2.5; and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the costs, expenses and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. 10.2.7. If, subsequent to the time of bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of authorities having jurisdiction which affect the cost of the Work, either party may submit a claim in accordance with the requirements of GC6.6 - Claims for a Change in Contract Price.

MOULD. 9.5.1. If the Contractor or the Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation of which is not expressly part of the Work, a) the observing party shall promptly report the circumstances to the other party in writing, b) the Contractor shall promptly take all reasonable steps, including stopping the Work, if necessary, to ensure that no person suffers injury, sickness, or death and that no property is damaged as a result of exposure to or the presence of the mould, and c) if the Owner and the Contractor do not agree on the existence, significance, or cause of the mould or as to what steps need be taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and the Contractor. 9.5.2. If the Owner and the Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was caused by the Contractor's operations under the Contract, the Contractor shall promptly, at the Contractor's own expense: a) take all reasonable and necessary steps to safely remediate or dispose of the mould, b) make good any damage to the Work, the Owner's property, or property adjacent to the Place of the Work as provided in paragraph 9.1.3 of GC9.1 – Protection of Work and Property, c) reimburse the Owner for reasonable costs incurred under paragraph 9.5.1(c), and d) indemnify the Owner as required by GC13.1 - Indemnification. 9.5.3. If the Owner and the Contractor agree, or if the expert referred to in paragraph 9.5.1(c) determines that the presence of mould was not caused by the Contractor's operations under the Contract, the Owner shall promptly, at the Owner's own expense: a) take all reasonable and necessary steps to safely remediate or dispose of the mould, b) reimburse the Contractor for the cost of taking the steps under paragraph 9.5.1(b) and making good any damage to the Work as provided in paragraph 9.1.4 of GC9.1 – Protection of Work and Property, c) extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in paragraph 9.5.1(c) and reimburse the Contractor for reasonable costs incurred as a result of the delay, and d) indemnify the Contractor as required by GC13.1 - Indemnification. 9.5.4. If either party does not accept the expert's finding under paragraph 9.5.1(c), the disagreement shall be settled in accordance with Part 8 of the General Conditions – Dispute Resolution. If such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraphs 9.5.2 or 9.5.3, it being understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by GC9.5 - Mould. Part 10 - Governing Regulations GC10.1 - Taxes and Duties‌‌ 10.1.1. The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added Taxes payable by the Owner to the Contractor as stipulated in Article 4 of the Agreement – Contract Price. 10.1.2. Any increase or decrease in costs to the Contractor due to changes in taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. 10.2.1. The laws of the Place of the Work shall govern the Work. 10.2.2. The Owner shall obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the Contract Documents specify as the responsibility of the Contractor. 10.2.3. The Contractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which are necessary for the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Work after the issuance of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their procurement. 10.2.4. The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. 10.2.5. The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the Contractor shall advise the Consultant in writing requesting direction immediately upon such variance or change becoming known. The Consultant will issue the changes required to the Contract Documents as provided in GC6.1 - Owner's Right to Make Changes, GC6.2 – Change Order and GC6.3 – Change Directive. 10.2.6. If the Contractor fails to advise the Consultant in writing; fails to obtain direction as required in paragraph 10.2.5; and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the costs, expenses and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. 10.2.7. If, subsequent to the time of bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of authorities having jurisdiction which affect the cost of the Work, either party may submit a claim in accordance with the requirements of GC6.6 - Claims for a Change in Contract Price.