Owner and Contractor acknowledge and agree that the Specifications and Drawings may not be complete or free from errors, omissions and imperfections and that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner. Therefore, any minor errors, omissions or imperfections in the Specifications or Drawings, or any changes in or additions to the Specifications or Drawings to correct minor errors or omissions or to the Work ordered by Owner shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of Contract, or otherwise. However, should the nature of the errors or omissions necessitate substantial changes in the Work such that a Change Order is appropriate, Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties. The sum established in any Change Order, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor for the changes in the Work described in the Change Order, as permitted under Tex. Gov’t Code, Chapter 2260.
Owner and Contractor respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors and assigns of such other party with respect to all covenants of this Agreement. Contractor shall not assign this Agreement, whether by operation of law or otherwise, without the written consent of Owner.
Owner and Contractor waive all rights against each other and their perspective employees, agents, contractors, subcontractors and subsubcontractors for damages caused by risks covered by the property insurance in Subparagraph 10.3.4, except such rights as they may have to the proceeds of such insurance and such rights the Contractor may have for the failure of the Owner to obtain and maintain property insurance in compliance with Subparagraph 10.3.4. To the extent of the limits of Contractor’s Commercial General Liability Insurance specified in Subparagraph 10.3.1 or two million dollars ($ 2,000,000 ) whichever is more, the Contractor shall indemnify and hold harmless the Owner against any and all liability, claims, demands, damages, losses and expenses, including attorney’s fees, in connection with or arising out of any damage or alleged damage to any of Owner’s existing adjacent property that may arise from the performance of the anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable.
Owner and Contractor acknowledge that as part of the consideration given by Owner to Contractor hereunder, Owner is relying on and expects to continue to rely upon the high level of experience, skill and expertise existing in the personnel currently in Contractor's employ. Contractor shall staff Key Positions only with qualified persons with prior experience in the position to be filled. For purposes of this Agreement, "Key Positions" are defined as Project Manager, Construction Manager, Business Manager and Contract Manager. However, Contractor may propose and Owner may reasonably approve the use of individuals having no prior experience in a Key Position.
Owner and Contractor. New legislation effective from 1 July 2018 makes it illegal to terminate a contract with a company solely because they have gone into voluntary administration, appointed a receiver/managing controller or entered a scheme of arrangement with creditors. For this reason (and the probable loss for Owners of non-completion protection under the Qld Home Warranty Scheme if you terminate your Contract incorrectly), it is very important that you obtain formal legal advice before terminating the Contract for any reason. 11 QBCC NATURAL DISASTER REPAIRS CONTRACT | HOMEOWNER’S BOOKLET | JULY 2018
Owner and Contractor shall use their best efforts to agree upon the change to the relevant Contract Budget as a result of any Change Order. Contractor shall proceed with a change as ordered by Owner. No change in a Contract Budget shall result from a change which does not materially affect the Cost of the Work. In the event Owner and Contractor are unable to agree on whether a change will materially affect the Cost of the Work or the applicable Completion Date for a Network, Contractor shall separately record such costs and the time associated therewith. Nothing in this Section 11.1.3 shall alleviate, diminish, or modify in any respect Contractor's obligations under this Contract.
Owner and Contractor acknowledge receipt of and agree to abide by the terms, conditions and obligations imposed by Article IV, Section F of the Master Deed of the Regime and by the Ship Watch Villas HPR Construction Regulations (the “Construction Regulations”), copies of which are attached hereto as Exhibits A and B and are incorporated herein by reference, setting forth the manner in which Villas in the Regime may be renovated or improved.