Common use of MUTUAL RESPONSIBILITY Clause in Contracts

MUTUAL RESPONSIBILITY. (a) The Prime Contractor shall afford the Owner and separate contractors’ reasonable opportunity for access to and storage of their materials and equipment and the performance of their activities and shall coordinate the Prime Contractor’s construction and operations with the separate contractors as required by the Contract Documents. (b) If part of the Prime Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Prime Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect/Engineer apparent discrepancies or defects in the other construction that would render it unsuitable for proper execution and results. Failure of the Prime Contractor to so report shall constitute an acknowledgment that the Owner’s or separate contractors completed or partially completed construction is fit and proper to receive the Prime Contractor’s Work, except as to defects not then reasonably discoverable. (c) The Owner shall not be liable to the prime Contractor for damages suffered by the Prime Contractor due to the fault or negligence of a separate contractor or through failure of a separate contractor to carry out the directions of the Owner or the Architect/Engineer. Should any interference occur between the Prime Contractor and a separate contractor, the Architect/Engineer or the Owner may furnish the Prime Contractor with written instructions designating priority of effort or change in methods, whereupon the Prime Contractor shall immediately comply with such direction. In such event, the Prime Contractor shall be entitled to an extension of the Contract Time only for unavoidable delays verified by the Architect/Engineer; no increase in the Contract Sum, however, shall be due to the Prime Contractor. (d) The Prime Contractor shall promptly remedy damage wrongfully caused by the Prime Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2(e). (e) Should the Prime Contractor cause damage to the work or property of any separate contractor on the Project, the Prime Contractor shall, upon due notice, settle with the separate contractor by agreement, if the separate contractor will so settle. If the separate contractor sues the Owner or submits a claim on account of any damage alleged to have been so sustained, the Owner shall notify the Prime Contractor who shall defend such proceedings, at the Prime Contractor's sole expense, and if any judgment or award against the Owner arises from the separate contractor’s claim, the Prime Contractor shall fully pay or satisfy it and shall reimburse the Owner for any and all attorney's fees and costs which the Owner has incurred. (f) The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Prime Contractor in Paragraph 3.14.

MUTUAL RESPONSIBILITY. (a) The Prime Contractor shall afford the Owner and separate contractors’ reasonable opportunity for access to and storage of their materials and equipment and the performance of their activities and shall coordinate the Prime Contractor’s construction and operations with the separate contractors as required by the Contract Documents. (b) If part of the Prime Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Prime Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect/Engineer apparent discrepancies or defects in the other construction that would render it unsuitable for proper execution and results. Failure of the Prime Contractor to so report shall constitute an acknowledgment that the Owner’s or separate contractors completed or partially completed construction is fit and proper to receive the Prime Contractor’s Work, except as to defects not then reasonably discoverable. (c) The Owner shall not be liable to the prime Contractor for damages suffered by the Prime Contractor due to the fault or negligence of a separate contractor or through failure of a separate contractor to carry out the directions of the Owner or the Architect/Engineer. Should any interference occur between the Prime Contractor and a separate contractor, the Architect/Engineer or the Owner may furnish the Prime Contractor with written instructions designating priority of effort or change in methods, whereupon the Prime Contractor shall immediately comply with such direction. In such event, the Prime Contractor shall be entitled to an extension of the Contract Time only for unavoidable delays verified by the Architect/Engineer; no increase in the Contract Sum, however, shall be due to the Prime Contractor. (d) The Prime Contractor shall promptly remedy damage wrongfully caused by the Prime Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2(e). (e) Should the Prime Contractor cause damage to the work or property of any separate contractor on the Project, the Prime Contractor shall, upon due notice, settle with the separate contractor by agreement, if the separate contractor will so settle. If the separate contractor sues the Owner or submits a claim on account of any damage alleged to have been so sustained, the Owner shall notify the Prime Contractor who shall defend such proceedings, at the Prime Contractor's sole expense, and if any judgment or award against the Owner arises from the separate contractor’s claim, the Prime Contractor shall fully pay or satisfy it and shall reimburse the Owner for any and all attorney's fees and costs which the Owner has incurred. (f) The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Prime Contractor in Paragraph 3.14.

MUTUAL RESPONSIBILITY. (a) The Prime 6.2.1 Contractor shall afford the Owner and Owner’s separate contractors’ contractors reasonable opportunity for access to introduction and storage of their materials and equipment and the performance of their activities work, and shall connect and coordinate the Prime Contractor’s construction and operations with the separate contractors theirs as required by the Contract Documents. (b) 6.2.2 If part of the Prime Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Prime Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect/Engineer Project Manager apparent discrepancies or defects in the such other construction that would render it unsuitable for such proper execution and results. Failure of the Prime Contractor to so report shall constitute an acknowledgment that the Owner’s or separate contractors completed or partially completed construction is fit and proper to receive the Prime Contractor’s Work, except as to defects not then reasonably discoverable. (c) The 6.2.3 Contractor shall reimburse Owner shall not be liable for costs Owner incurs that are payable to the prime Contractor for damages suffered by the Prime Contractor due to the fault or negligence of a separate contractor because of Contractor’s delays, improperly timed activities or through failure of a separate contractor to carry out the directions of the Owner or the Architect/Engineer. Should any interference occur between the Prime Contractor and a separate contractor, the Architect/Engineer or the Owner may furnish the Prime Contractor with written instructions designating priority of effort or change in methods, whereupon the Prime Contractor shall immediately comply with such direction. In such event, the Prime Contractor shall be entitled to an extension of the Contract Time only for unavoidable delays verified by the Architect/Engineer; no increase in the Contract Sum, however, shall be due to the Prime Contractordefective construction. (d) The Prime Contractor shall promptly remedy damage wrongfully caused by the Prime Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2(e). (e) 6.2.4 Should the Prime Contractor cause damage to the work or property of any separate contractor on the Projectcontractor, the Prime Contractor shall, upon due noticenotice from Owner, promptly attempt to settle with the separate such other contractor by agreement, if or otherwise to resolve the separate contractor will so settledispute. If the such separate contractor sues the or initiates an arbitration proceeding against Owner or submits a claim on account of any damage alleged to have been so sustainedcaused by Contractor, the Owner shall notify the Prime Contractor who shall defend such proceedings, proceedings at the Prime Contractor's sole ’s expense, and if any judgment or award against the Owner arises from the separate contractor’s claimtherefrom, the Prime Contractor shall fully pay or satisfy it and it. The provisions hereof shall reimburse survive the breach, expiration, full performance or earlier termination of this Contract. 6.2.5 Owner shall not be liable to Contractor for any adjustments to the Project Schedule, damages, costs, losses or expenses, including but not limited to attorneys’ fees, resulting from acts or omissions (whether or not negligent), failure to perform, delays in performance, or defaults of any of Owner’s separate contractor(s) or any supplier(s) in connection with the performance of any of the Work. Any Claim of Contractor for such adjustments to the Contract Sum or Contract Time, damages, costs, losses or expenses shall be made, and all attorney's fees and costs which the Owner has incurred. (f) The Owner and each any action by Contractor shall be filed directly against such separate contractor or supplier without making Owner a party to any such Claim or action. Contractor agrees that Owner’s separate contractors or suppliers on the Project shall have a direct right to action against Contractor for damages, losses or expenses claimed to result from acts or omissions (whether or not negligent), failure to perform, delays in performance, or defaults of Contractor. To the same responsibilities extent that Contractor is or may be liable for cutting any claims asserted by Owner’s separate contractors or third parties against Owner in a trial or an arbitration proceeding, then, at the election of Owner, Contractor hereby consents to joinder in such trial or arbitration proceeding and patching as are described for to the Prime direct assertion of claims by such contractor or third party against Contractor in Paragraph 3.14by demand to be consolidated into that single proceeding.

MUTUAL RESPONSIBILITY. (a) 6.2.1 The Prime Contractor shall afford [the Owner and separate contractors’ ] the Owner's own forces, Development Manager and other Contractors reasonable opportunity for access to introduction and storage of their materials and equipment and the performance of their activities and shall connect and coordinate the Prime Contractor’s 's construction and operations with the separate contractors theirs as required by the Contract Documents. (b) 6.2.2 If part of the Prime Contractor’s 's Work depends for proper execution or results upon construction or operations by the [Owner or a separate contractor] Owner's own forces or other Contractors, the Prime Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect/Engineer apparent Owner, Development Manager and Architect [apparent] discrepancies or defects in the such other construction that would render it unsuitable for such proper execution and resultsresults or would render it incompatible with Contractor's Work. Failure of the Prime Contractor so to so report shall constitute an acknowledgment that the Owner’s 's [or separate contractors contractors'] or other Contractors' completed or partially completed construction is fit and proper to receive the Prime Contractor’s 's Work[, except as to defects not then reasonably discoverable] and is fully compatible therewith. (c) The Owner 6.2.3 [Costs] Subject to Paragraph 8.3 hereof, costs caused by delays or by improperly timed activities or defective construction shall not be liable to the prime Contractor for damages suffered borne by the Prime Contractor due to the fault or negligence of a separate contractor or through failure of a separate contractor to carry out the directions of the Owner or the Architect/Engineer. Should any interference occur between the Prime Contractor and a separate contractor, the Architect/Engineer or the Owner may furnish the Prime Contractor with written instructions designating priority of effort or change in methods, whereupon the Prime Contractor shall immediately comply with such direction. In such event, the Prime Contractor shall be entitled to an extension of the Contract Time only for unavoidable delays verified by the Architect/Engineer; no increase in the Contract Sum, however, shall be due to the Prime Contractorparty responsible therefor. (d) 6.2.4 The Prime Contractor shall promptly remedy damage wrongfully caused by the Prime Contractor to completed or partially completed construction or to property of the Owner or [separate contractors contractors] other Contractors as provided in Subparagraph 10.2(e). (e) Should 10.2.5 or to other completed or partially completed construction or property on the Prime Contractor cause damage site or to the work or property of any adjoining owner or other party. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor on shall be subject to the Project, the Prime Contractor shall, upon due notice, settle with provisions of Paragraph 4.3 provided the separate contractor by agreement, if the separate contractor will so settle. If the separate contractor sues the Owner or submits a claim on account of any damage alleged to have been so sustained, the Owner shall notify the Prime Contractor who shall defend such proceedings, at the Prime Contractor's sole expense, and if any judgment or award against the Owner arises from the separate contractor’s claim, the Prime Contractor shall fully pay or satisfy it and shall reimburse the Owner for any and all attorney's fees and costs which the Owner has incurredreciprocal obligations. (f) 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Prime Contractor in Paragraph 3.14.

MUTUAL RESPONSIBILITY. DocuSign Envelope ID: 0B2E709F-1B68-46D3-B102-6A54CF462BF3 (a) The Prime Contractor shall afford the Owner and separate contractors’ reasonable opportunity for access to and storage of their materials and equipment and the performance of their activities and shall coordinate the Prime Contractor’s construction and operations with the separate contractors as required by the Contract Documents. (b) If part of the Prime Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Prime Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect/Engineer apparent discrepancies or defects in the other construction that would render it unsuitable for proper execution and results. Failure of the Prime Contractor to so report shall constitute an acknowledgment that the Owner’s or separate contractors completed or partially completed construction is fit and proper to receive the Prime Contractor’s Work, except as to defects not then reasonably discoverable. (c) The Owner shall not be liable to the prime Contractor for damages suffered by the Prime Contractor due to the fault or negligence of a separate contractor or through failure of a separate contractor to carry out the directions of the Owner or the Architect/Engineer. Should any interference occur between the Prime Contractor and a separate contractor, the Architect/Engineer or the Owner may furnish the Prime Contractor with written instructions designating priority of effort or change in methods, whereupon the Prime Contractor shall immediately comply with such direction. In such event, the Prime Contractor shall be entitled to an extension of the Contract Time only for unavoidable delays verified by the Architect/Engineer; no increase in the Contract Sum, however, shall be due to the Prime Contractor. (d) The Prime Contractor shall promptly remedy damage wrongfully caused by the Prime Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2(e). (e) Should the Prime Contractor cause damage to the work or property of any separate contractor on the Project, the Prime Contractor shall, upon due notice, settle with the separate contractor by agreement, if the separate contractor will so settle. If the separate contractor sues the Owner or submits a claim on account of any damage alleged to have been so sustained, the Owner shall notify the Prime Contractor who shall defend such proceedings, at the Prime Contractor's sole expense, and if any judgment or award against the Owner arises from the separate contractor’s claim, the Prime Contractor shall fully pay or satisfy it and shall reimburse the Owner for any and all attorney's fees and costs which the Owner has incurred. (f) The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Prime Contractor in Paragraph 3.14.