MODELDOCUMEN. In consideration of and conditioned upon the payment of the final payment as set forth above, Contractor hereby unconditionally releases and forever discharges Princeton University and its officers, directors, agents and representatives, and Princeton University’s premises and property, from all claims and causes of action, and all mechanics’ and materialmen’s liens, construction liens and other liens, that now or that in the future may be owned, claimed or asserted by Contractor against Princeton University, or the aforesaid land and improvements (including personal property related thereto), arising out of or in connection with the performance of the said Contract and all amendments thereto. As additional consideration for the final payment, Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless Princeton University from and against all costs, losses, damages, claims, causes of action, judgments and expenses, including attorney’s fees, arising out of or in connection with any claims or causes of action for payment or any liens asserted against Princeton University, or the aforesaid land and improvements (including personal property related thereto), which arise out of the performance of the work under the Contract and which may be asserted by the Contractor or any of its subcontractors, sub-subcontractors or materialmen of any tier thereof. As additional consideration for the final payment aforementioned, Contractor hereby unconditionally releases and forever discharges Princeton University from all claims for payment and all other claims and causes of action of every nature, known or unknown, arising out of or in connection with the performance of the said Contract. This release and discharge shall not apply to claims that Contractor may have against Princeton University for contribution or indemnity (if any) based upon third party claims asserted against Contractor for personal injury or damage to property asserted after the date hereof. Contractor further declares that it has made proper payment of all monies due to all of its employees, subcontractors and suppliers of labor, materials, and/or equipment, and agrees to indemnify and hold Princeton University harmless from any claim or demand it might suffer by reason of failure of this certification. The foregoing shall not relieve Contractor of its obligations under the provisions of said Contract, as amended, which by nature survive completion of the Work including ...
MODELDOCUMEN. (c) The term “
MODELDOCUMEN. (7) Contractor shall not permit any Subcontractor to enter upon or continue the performance of the Work unless such Subcontractor is and remains insured in accordance with the above requirements and submits a certificate of insurance in accordance with paragraph (a)(6) above to the Contractor unless waived by mutual agreement by Princeton University and Contractor. In accordance with the provisions of Clause G2 hereof, Contractor shall indemnify Princeton University for any loss suffered by Princeton University for the failure of any such Subcontractor to be so insured.
MODELDOCUMEN. (b) A “Basic Ordering Agreement” or “
MODELDOCUMEN. (10) business days thereafter (or such longer time agreed to by both parties), agree upon and retain (with expenses to be borne equally by the parties) a neutral individual to act as a mediator. (If the parties cannot agree upon a mediator within the time period, the selection shall be made by the American Arbitration Association upon the request of either party, with the administrative costs for such selection to be borne equally by the parties.) The mediation shall be conducted within sixty (60) days of the appointment of the mediator (unless the parties agree to a later date), and shall be conducted confidentially in an effort to settle the claim, controversy or dispute.
MODELDOCUMEN. No consent or waiver, express or implied, by either party to this Contract with respect to any breach by the other of any obligations hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach by such party hereunder. Failure on the part of either party to complain of any act or failure to act on the part of the other party or to declare the other party in breach hereunder, irrespective of how long such failure continues, shall not constitute a waiver of the rights of such party hereunder. CLAUSE X0 XXXXXXX OF LIMITATIONS The Contractor and the Contractor’s surety, if any, agree that for purposes of any statute of limitations which may govern Princeton University’s right to assert a claim or bring suit against the Contractor or the Contractor’s surety for anything arising out of this Contract, such statute shall not begin to run until the later of: (a) at least sixty (60) days after Substantial Completion of the Project; (b) the date on which Princeton University identified Work as defective or non-conforming; or (c) knew the basis for the claim against the Contractor. CLAUSE H9 INVOICES The Contractor’s request for payment shall consist of an invoice and all documents supporting the request for payment. Refer to the appropriate payment clause for the actual requirements: Clause J2, Payments Under Fixed-Price Construction Contracts Clause K2, Payments Under Time-and-Materials Contracts Clause L6, Payments Under GMP Contracts Clause M6, Payments Under CPFF Contracts CLAUSE H10 RELEASE/LIENS
MODELDOCUMEN. The Contractor is required to retain records which shall include, but not be limited to, copies of all plans, specifications, submittals, correspondence, email, minutes, memoranda, audio or visual recordings, videos, policies, procedures, accounting records and other data, regardless of type and regardless of whether such items are in written form, in the form of electronic data, or in any other form, which document the Project, its design, and its construction, and all costs relating thereto, and that in Princeton University’s judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by the Contract. The Contractor shall retain all records relating to this Contract until the expiration of seven (7) years after final payment is made under this Contract or for any longer period of time as may be required by law or good business practice, or six (6) months after final resolution (by non-appealable judgment or settlement) of any disputes, whichever may be later. Upon the request of Princeton University, and by no later than three (3) days from written notice, the Contractor shall make its records available during normal business hours to Princeton University, its authorized representative(s) or to any state, federal or other regulatory authority. Any such authority, Princeton University, and its authorized representative(s) shall be entitled to inspect, examine, review, copy, and audit the Contractor’s records at its own expense, within adequate work space at the Contractor’s facilities. Failure by the Contractor to supply substantiating records shall be reason to exclude the related costs from amounts which might otherwise be payable by Princeton University to the Contractor pursuant to the Contract.
MODELDOCUMEN. (2) Within ten (10) business days of receiving a Princeton University-initiated request for proposal, the Contractor shall provide Princeton University with a written change order request (hereinafter “Change Order Request”) stating all changes in the Contract, including, without limitation, any changes to the Contract Time, the Project Schedule, the Contract Price, to which it believes it is entitled as a result of the request for proposal. The Change Order Request submitted by Contractor for changes in the Work must be completely itemized and show the affected drawings, quantities of material involved, and the dollar amounts for labor, materials, equipment rental, salaried personnel costs, insurance, and taxes, as well as changes in the then-current Project Schedule and in the Contract Time in format and detail reasonably satisfactory to Princeton University. Princeton University may request, and the Contractor shall promptly provide, further cost breakdowns, clarifications, documentation, or back-up if Princeton University reasonably believes such additional information is needed to understand and evaluate the request.
MODELDOCUMEN. (i) When payment is received from Princeton University, the Contractor shall immediately pay all Subcontractors, materialmen, laborers, and suppliers the amount they are due for the Work covered by such payment. In the event Princeton University becomes informed that the Contractor has not paid a Subcontractor, materialman, laborer or supplier as provided herein, Princeton University may issue future checks to the Contractor in appropriate amounts otherwise due hereunder naming the Contractor and any such Subcontractor, materialman, laborer or supplier as joint payees. Such joint check procedure, if employed by Princeton University, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check, shall not create any rights in such Subcontractor, materialman, laborer or supplier against Princeton University, and shall not be deemed to commit Princeton University to repeat the procedure in the future.
MODELDOCUMEN. (a) The Contractor and Princeton University expressly agree that Contractor’s full compensation for delay caused solely by Princeton University, subject to the limitations of Clause E5 hereof, shall be the sum of the following components:
