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Agenda - Council - 09/27/2016
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Agenda - Council - 09/27/2016
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Meetings
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Agenda
Meeting Type
Council
Document Date
09/27/2016
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C. If the Claim is not resolved by mediation, <br />Engineer's action under Paragraph 10.05.0 or <br />a denial pursuant to Paragraphs 10.05.C.3 or <br />10.05.D shall become final and binding 30 <br />days after termination of the mediation unless, <br />within that time period, Owner or Contractor: <br />1. elects in writing to invoke any dispute <br />resolution process provided for in the <br />Supplementary Conditions, or <br />2. agrees with the other party to submit the <br />Claim to another dispute resolution <br />process, or <br />3. gives written notice to the other party of <br />their intent to submit the Claim to a court <br />of competent jurisdiction. <br />ARTICLE 17 — MISCELLANEOUS <br />17.01 Giving Notice <br />A. Whenever any provision of the Contract <br />Documents requires the giving of written <br />notice, it will be deemed to have been validly <br />given if: <br />1. delivered in person to the individual or to <br />a member of the firm or to an officer of <br />the corporation for whom it is intended, <br />or <br />2. delivered at or sent by registered or <br />certified mail, postage prepaid, to the last <br />business address known to the giver of <br />the notice. <br />17.02 Computation of Times <br />A. When any period of time is referred to in the <br />Contract Documents by days, it will be <br />computed to exclude the first and include the <br />last day of such period. If the last day of any <br />such period falls on a Saturday or Sunday or <br />on a day made a legal holiday by the law of <br />the applicable jurisdiction, such day will be <br />omitted from the computation. <br />17.03 Cumulative Remedies <br />A. The duties and obligations imposed by these <br />General Conditions and the rights and <br />remedies available hereunder to the parties <br />hereto are in addition to, and are not to be <br />construed in any way as a limitation of, any <br />rights and remedies available to any or all of <br />them which are otherwise imposed or <br />available by Laws or Regulations, by special <br />warranty or guarantee, or by other provisions <br />of the Contract Documents. The provisions of <br />this Paragraph will be as effective as if <br />repeated specifically in the Contract <br />Documents in connection with each particular <br />duty, obligation, right, and remedy to which <br />they apply. <br />17.04 Survival of Obligations <br />A. All representations, indemnifications, <br />warranties, and guarantees made in, required <br />by, or given in accordance with the Contract <br />Documents, as well as all continuing <br />obligations indicated in the Contract <br />Documents, will survive final payment, <br />completion, and acceptance of the Work or <br />termination or completion of the Contract or <br />termination of the services of Contractor. <br />17.05 Controlling Law <br />A. This Contract is to be governed by the law of <br />the state in which the Project is located. <br />17.06 Headings <br />A. Article and paragraph headings are inserted <br />for convenience only and do not constitute <br />parts of these General Conditions. <br />Standard General Conditions <br />00 72 00-48 <br />
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