Common use of Personal Liability of Public Officials Clause in Contracts

Personal Liability of Public Officials. In carrying out any of the Contract provisions or in exercising any power or authority granted to it by this Contract, there shall be no liability upon any officer or employee of the Owner or the Cities of Dallas and Fort Worth (Cities), either personally or as an official or employee of the Owner or the Cities. It is understood that in such matters they act solely as agents and representatives of the Owner or the Cities. END OF SECTION 70 SECTION 80 - PROSECUTION AND PROGRESS‌ 80-1 PRIVITY OF CONTRACT & ASSIGNMENT OF RIGHTS. The Owner will not recognize any subcontractor or supplier on the Work. The Contractor shall at all times when Work is in progress be represented either in person, by a qualified Superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Owner. The Contractor may not assign the Contract or any of its rights or obligations without the prior written consent of the Owner and, even then, the Contractor may only assign the Contract on the condition that said assignment shall be concurred in by the Surety, shall be presented for the consideration and approval of the Owner before execution, and shall be consummated only on the written final approval of the Owner, which may be withheld for any reason. In case of approval, the Contractor shall file copies of all subcontracts with the Owner. The Owner may also request copies of all subcontracts at any time. Notwithstanding the foregoing, each agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that assignment is effective only for those agreements that the Owner accepts by written notification to the Contractor and/or those architects, consultants, and/or contractors whose agreements the Owner has accepted for assignment. When the Owner accepts the assignment of an agreement, the Owner assumes the Contractor’s rights under the agreement. The Contractor agrees to execute whatever instruments the Owner may reasonably request to confirm all applicable assignments. On request, the Contractor further agrees to provide the Owner with a copy of its agreements related to the Work. Upon such assignment to the Owner under this Section, the Owner may further assign the agreement to a successor contractor or other entity.

Personal Liability of Public Officials. In carrying out any of the Contract provisions or in exercising any power or authority granted to it by this Contract, there shall be no liability upon any officer or employee of the Owner or the Cities of Dallas and Fort Worth (Cities), either personally or as an official or employee of the Owner or the Cities. It is understood that in such matters they act solely as agents and representatives of the Owner or the Cities. END OF SECTION 70 SECTION 80 - PROSECUTION AND PROGRESS‌ PROGRESS 80-1 PRIVITY OF CONTRACT & ASSIGNMENT OF RIGHTS. The Owner will not recognize any subcontractor or supplier on the Work. The Contractor shall at all times when Work is in progress be represented either in person, by a qualified Superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Owner. The Contractor may not assign the Contract or any of its rights or obligations without the prior written consent of the Owner and, even then, the Contractor may only assign the Contract on the condition that said assignment shall be concurred in by the Surety, shall be presented for the consideration and approval of the Owner before execution, and shall be consummated only on the written final approval of the Owner, which may be withheld for any reason. In case of approval, the Contractor shall file copies of all subcontracts with the Owner. The Owner may also request copies of all subcontracts at any time. Notwithstanding the foregoing, each agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that assignment is effective only for those agreements that the Owner accepts by written notification to the Contractor and/or those architects, consultants, and/or contractors whose agreements the Owner has accepted for assignment. When the Owner accepts the assignment of an agreement, the Owner assumes the Contractor’s rights under the agreement. The Contractor agrees to execute whatever instruments the Owner may reasonably request to confirm all applicable assignments. On request, the Contractor further agrees to provide the Owner with a copy of its agreements related to the Work. Upon such assignment to the Owner under this Section, the Owner may further assign the agreement to a successor contractor or other entity.