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 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.
Owner and Contractor. The Owner and the Contractor are those herein defined in this Contract. They are treated throughout the Contract Documents as though each were of the singular number and masculine gender.
Owner and Contractor in consideration of the mutual covenants hereinafter set forth, agree as follows:
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 each bind itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.
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
Owner and Contractor. Contractor is an independent contractor and, except for the procurement of engineered equipment necessary for the Project and its Construction Management Services, is not an agent of Owner. This Agreement shall not be construed as establishing an employment agreement, a partnership, a general agency, or a joint venture, and neither party shall have any authority to incur or commit for expenditures on behalf of the other party or to obligate that party except as expressly authorized by that party in writing.
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 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.
