Common use of MUTUAL RESPONSIBILITY OF CONTRACTORS Clause in Contracts

MUTUAL RESPONSIBILITY OF CONTRACTORS. 9.2.1 The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his Work with theirs. 9.2.2 If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Architect any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to report such discrepancy or defect shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. 9.2.3 Should the Contractor cause damage to the work or property of any separate contractor on the Project not to be insured under Subparagraph 14.2 herein, the Contractor shall, upon due notice, in writing, promptly settle such other contractor's claim, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall promptly notify the Contractor, who shall defend such proceedings at the Contractor's expense, and if any judgment against the Owner arises therefrom, the Contractor shall, to the extent of Contractor's liability, promptly pay or satisfy it and shall immediately, upon presentation to it of a statement thereof, reimburse the Owner for all attorneys’ fees and court costs which the Owner has incurred. 9.2.4 Any costs caused by non-conforming or ill-timed work shall be borne by the party responsible therefor.

Appears in 2 contracts

Samples: Guaranteed Maximum Price Agreement, Construction Manager at Risk Agreement

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MUTUAL RESPONSIBILITY OF CONTRACTORS. 9.2.1 7.2.1 The Contractor shall afford other contractors all Separate Contractors and the Owner reasonable opportunity for the introduction and storage of their materials and equipment and for the execution of their work, work and shall properly cooperate, connect and coordinate his the Work with theirssuch other work as shall be in the best interest of the Project as reasonably determined by the Owner. 9.2.2 7.2.2 If the execution or result of any part of the Contractor's Work depends for proper execution or results upon the any work of the Owner or of any other separate contractorSeparate Contractor, the Contractor shall shall, prior to proceeding with the Work, inspect and promptly report to the Architect Owner in writing any apparent discrepancies or defects in such work of the Owner or of any Separate Contractor that render it unsuitable for such the proper execution and resultsor result of any part of the Work. Failure of the Contractor to so inspect and report such discrepancy or defect shall constitute an acceptance of the other contractorOwner's or Separate Contractor's work as fit and proper to receive his the Work, except as to defects which may develop in the other separate contractorOwner's or Separate Contractor's work after the execution completion of the Contractor's Work and which the Contractor could not have discovered by its inspection prior to the completion of the Work. 9.2.3 7.2.3 Should the Contractor cause damage to the work or property of the Owner or of any separate contractor Separate Contractor on the Project not Project, or to be insured under Subparagraph 14.2 hereinother work on the Job Site, or delay or interfere with the Owner's or any Separate Contractor's work, the Contractor shall, upon due noticeshall be liable for the same; and, in writingthe case of a Separate Contractor, promptly the Contractor shall attempt to settle said claim with such Separate Contractor prior to such Separate Contractor's institution of litigation or other contractor's claim, if he will so settleproceedings against the Contractor. If such separate contractor sues so requested by the parties to the dispute, the Owner may, but shall not be obligated to, arbitrate the dispute, in which event the decision of the Owner shall be final and binding on account the parties to the dispute. 7.2.4 Should any Separate Contractor cause damage to the Work or to the property of the Contractor or cause delay or interference with the Contractor's performance of the Work, the Contractor shall present to such Separate Contractor any claims it may have as a result of such damage, delay or interference (with an information copy to the Owner) and shall attempt to settle its claim against such Separate Contractor prior to the institution of litigation or other proceedings against said such Separate Contractor. If so requested by the parties to the dispute, the Owner may, but shall not be obligated to, arbitrate the dispute, in which event the decision of the Owner shall be final and binding on the parties to the dispute. In no event shall the Contractor seek to recover from the Owner or the Owner's Representative, and the Contractor hereby represents that it will not seek to recover from them, any costs, expenses or losses incurred by the Contractor as a result of any damage alleged to have been so sustainedthe Work or property of the Contractor or any delay or interference caused or allegedly caused by any Separate Contractor. 7.2.5 If a dispute arises between the Contractor and any Separate Contractors as to the responsibility for cleaning as required by the Contract Documents, the Owner shall promptly notify may clean and charge the Contractorcost thereof to the responsible contractor, who shall defend such proceedings at or apportion it among the Contractor's expenseseveral responsible contractors, and if any judgment against as the Owner arises therefrom, the Contractor shall, shall reasonably determine to the extent of Contractor's liability, promptly pay or satisfy it and shall immediately, upon presentation to it of a statement thereof, reimburse the Owner for all attorneys’ fees and court costs which the Owner has incurredbe just. 9.2.4 Any costs caused by non-conforming or ill-timed work shall be borne by the party responsible therefor.

Appears in 2 contracts

Samples: Office Lease (NBC Internet Inc), Office Lease (Xoom Inc)

MUTUAL RESPONSIBILITY OF CONTRACTORS. 9.2.1 The Contractor shall afford other contractors and Owner reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, work and shall properly connect and coordinate his the Work with theirs. 9.2.2 such other work. Owner and Contractor will mutually agree on dates to be included in the Original Progress Schedule, but Contractor shall cooperate and coordinate its work with other contractors at all times so as to avoid any delay or interference to any work. The cost of such cooperation scheduling and coordination shall be deemed to be included in the GMP and no direct or special payment or adjustment will be made therefor. Owner and Contractor agree and acknowledge that regardless of what party is responsible for the installation of utilities (including, but not limited to, gas, electric, sewer, water, cable and communications) at the Project, Contractor is responsible for scheduling and coordinating such installation with Contractor’s Work. If the execution or result of any part of the Contractor's Work depends for proper execution or results upon the any work of Owner or of any other separate contractor, Contractor shall, prior to proceeding with the Contractor shall Work, inspect and promptly report to the Architect Owner in writing any apparent discrepancies or defects in such work of Owner or of any separate contractor that render it unsuitable for such the proper execution and resultsor result of any part of the Work. Failure of the Contractor to so inspect and report such discrepancy or defect shall constitute an acceptance of the other Owner’s or separate contractor's ’s work as fit and proper to receive his the Work, except as to defects which may develop in the other Owner’s or separate contractor's ’s work after the execution completion of the Contractor's Work and which Contractor could not have discovered by its inspection prior to completion of the Work. 9.2.3 . Should the Contractor cause damage to the work or property of Owner or of any separate contractor on the Project not Project, or to other work on the Job Site, or delay or interfere with Owner’s or said separate contractor’s work, Contractor shall be insured under Subparagraph 14.2 herein, liable for the Contractor shall, upon due noticesame; and, in writingthe case of another contractor, promptly Contractor shall attempt to settle said claim with such other contractor prior to such other contractor's claim’s institution of litigation or other proceedings against Contractor. Contractor shall promptly remedy damage that Contractor wrongfully causes to completed or partially completed construction or to property of Owner or Separate Contractor. If so requested by the parties to the dispute, if he will so settleOwner may, but shall not be obligated to, arbitrate the dispute, in which event the decision of Owner shall be final and binding on the parties to the dispute. If such separate contractor Separate Contractor sues Owner, Owner’s Representative and/or the Owner Architect/Engineer on account of any damage damage, delay or interference caused or alleged to have been so sustainedcaused by Contractor, the Owner shall promptly notify the Contractor, who shall defend the foregoing in such proceedings at the Contractor's ’s expense, and if . If any judgment or award is entered against Owner, Owner’s Representative and/or the Owner arises therefromArchitect/Engineer, Contractor shall satisfy the Contractor shall, to the extent of Contractor's liability, promptly pay or satisfy it same and shall immediatelyreimburse Owner, upon presentation to it of a statement thereof, reimburse Owner’s Representative and/or the Owner Architect/Engineer for all damages, expenses, attorneys’ fees and court other costs which incurred by them, or any of them, as a result thereof. Should a separate contractor cause damage to the Owner has incurred. 9.2.4 Any costs Work or to the property of Contractor, Contractor shall present to said separate contractor any claims it may have as a result of such damage, (with an information copy to Owner) and shall attempt to settle its claim against said separate contractor prior to the institution of litigation or other proceedings against said separate contractor. In no event shall Contractor seek to recover from Owner, and Contractor hereby represents to Owner, that Contractor will not seek to recover from Owner, any costs, expenses (including, but not limited to, attorneys’ fees) or losses of profit incurred by Contractor as a result of any damage to the Work or property of Contractor caused or allegedly caused by non-conforming any separate contractor. If a dispute arises between Contractor and a separate contractor as to the responsibility for cleaning as required by the Contract Documents, Owner, after giving forty eight (48) hours’ written notice, may clean as required and charge the reasonable cost thereof to the responsible contractor (including Contractor), as determined by Owner, or ill-timed apportion it among the several responsible contractors, as Owner shall determine to be just. Owner will include a provision in its contract(s) with the separate contractor(s) requiring the separate contractor(s) to provide cleanup of their work. Contractor acknowledges that the Project may include the installation, fixturing and related work by Separate Contractors with respect to certain systems, equipment, hardware, supplies and accessories to be supplied directly by Owner or such Separate Contractors (collectively, the “Owner Supplied Items/FF&E”). Contractor shall not be responsible for the purchase or delivery of Owner Supplied Items/FF&E. However, Contractor shall be borne responsible to coordinate with the applicable Separate Contractors with respect to Owner Supplied Items/FF&E and to establish rough-in locations and connections for Owner Supplied Items/FF&E to be installed, and to coordinate, for each component of Owner Supplied Items/FF&E, details pertaining and relevant to the requirements for the installation and assembly of Owner Supplied Items/FF&E and the connection to and relationship of such Owner Supplied Items/FF&E with any other equipment, systems or utilities included as part of Contractor’s Work that are to be connected to or used with Owner Supplied Items/FF&E so that Owner Supplied Items/FF&E can be assembled and installed, and incorporated into and connected with Contractor’s Work, in a safe, proper and complete manner. Contractor shall be responsible for any extra costs or time caused by Contractor’s establishment, commencement or setting of rough-in locations relating to Contractor’s Work without first coordinating with the applicable separate contractor (or for Contractor’s failure to comply with the related instructions provided by the party applicable Separate Contractor) needed to fit and/or hook-up Owner Supplied Items/FF&E in such event, except that Contractor shall not be responsible thereforfor such costs (or for any failure to coordinate with the applicable separate contractor), if such changes or costs are caused by the failure of the applicable separate contractor to identify the applicable rough in work required to accommodate the applicable Owner Supplied Items/FF&E in a timely or accurate fashion. In the event Contractor believes that any rough-in location established pursuant to this Section 7.2 is inadequate or inappropriate to accommodate the applicable Owner Supplied Items/FF&E, Contractor shall notify Owner with reasonable promptness and, if requested, shall provide Owner with recommendations as to how to modify the rough-in locations to make the locations and rough-in adequate and appropriate.

Appears in 1 contract

Samples: Contract for Construction

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MUTUAL RESPONSIBILITY OF CONTRACTORS. 9.2.1 A. The Contractor shall indemnify Owner and its officers, trustees, employees and agents from all liability, loss or expense (including attorneys’ fees) arising from alleged interference with or damage to the work or property of other contractors or Owner by Contractor, its subcontractors, or anyone performing Work under this Contract. This indemnification shall survive termination or completion of the Contract as to events occurring prior to such termination and completion, and shall be in addition to any other indemnification obligations set out in this Contract. B. The Contractor shall afford other the Owner and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution performance of their workactivities, and shall properly connect and coordinate his Work the Owner’s and/or Contractor’s construction and operations with theirstheirs as required by the Contract Documents. 9.2.2 C. If any part of the Contractor's ’s Work depends for proper execution or results upon construction or operations by the work of any other Owner or a separate contractor, the Contractor Contractor, prior to proceeding with that portion of the Work, shall inspect look for and promptly report to the Architect Architect/Engineer and Owner any apparent discrepancies or defects in such work other construction that would render it unsuitable for such proper execution and results. Contractor shall notify them no later than five (5) days after it becomes aware of the problem or potential problem. Failure of the Contractor so to report such discrepancy or defect in a timely manner shall constitute an acceptance of acknowledgment that the other Owner’s or separate contractor's work as ’s completed or partially completed construction is fit and proper to receive his the Contractor’s Work, except as to defects not then reasonably discoverable. D. The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which may develop in the other are payable to a separate contractor's work after the execution contractor because of delays, improperly timed activities or defective construction of the Contractor's Work, to the extent not caused by the fault of the separate contractor. The Owner shall be liable to the Contractor for costs incurred by the Contractor because of delays or defective construction of a separate contractor of Owner, to the extent not resulting from the fault or breach by Contractor or Contractor’s subcontractors or suppliers. Each party shall promptly notify the other as soon as it becomes aware of a delay, improperly timed activity or condition of defective construction which could result in damages to the other but in no event later than five (5) days after first becoming aware of the problem. Contractor’s claim shall be submitted as a request for a Change Order as provided herein. 9.2.3 Should E. The Contractor shall promptly remedy damage caused by the Contractor cause damage to the work completed or partially completed construction or to property of any the Owner or separate contractors as provided in the Contract Documents. F. The Owner and each separate contractor on shall have the Project not to be insured under Subparagraph 14.2 herein, same responsibilities for cutting and patching as are described for the Contractor shall, upon due notice, in writing, promptly settle such other contractor's claim, if he will so settlethe Contract Documents. If such separate contractor sues initiates legal or any other proceedings against the Owner on account of any damage alleged to have been so sustainedcaused by the Contractor, the Owner shall promptly notify the Contractor, who shall defend such proceedings at the Contractor's its own expense, and if hold harmless and indemnify the Owner, its officers, trustees, agents and employees from any judgment against and all Claims, causes of action, damages, loss, liability and expenses arising from Contractor’s acts or omissions or the Owner arises therefrom, the Contractor shall, to the extent acts or omissions of Contractor's ’s employees, subcontractors or parties for whom Contractor has liability, promptly . The Contractor shall pay or satisfy it and shall immediately, upon presentation to it of a statement thereof, reimburse the Owner for all attorneys’ fees and court or other costs which the Owner has incurred. 9.2.4 Any costs caused by non-conforming or ill-timed work shall be borne incurred over and above those paid for directly by the party responsible thereforContractor. These obligations are in addition to all other defense and indemnification obligations under the Contract Documents, and shall survive termination or completion of the Contract.

Appears in 1 contract

Samples: Construction Contract

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