Common use of Remedy of Damage Clause in Contracts

Remedy of Damage. The Design/Builder shall promptly remedy damage and loss (other than damage or loss covered under Builder’s Risk property insurance required to be carried by the Owner) to property referred to in Section 10.2.1.2 and 10.2.1.3 to the extent caused in whole or in part by the Design/Builder or anyone directly employed by or in control of Design/Builder and for whose acts Design/Builder may be liable and for which the Design/Builder is responsible under Sections 10.2.1.2 and 10.2.1.3, except to the extent damage or loss attributable to acts or omissions of the Owner, Separate Contractors or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable. The foregoing obligations of the Design/Builder are in addition to the Design/Builder's obligations under Section 9.4. All costs incurred by the Design/Builder in connection with its obligations under this Section shall be Cost of the Work, but shall not increase the GMP.

Appears in 8 contracts

Samples: Design/Build Agreement Replacement Playground Structures, Design/Build Agreement Replacement Playground Structures, Design/Build Agreement Playground Structures

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