Common use of Protection of Existing Structures, Utilities and Improvements Clause in Contracts

Protection of Existing Structures, Utilities and Improvements. Contractor shall protect and preserve all existing structures, Utilities and improvements on or adjacent to the Site which are not required to be removed under the Contract Documents. Contractor shall promptly notify Owner if such structures, Utilities or improvements are damaged. Contractor, at its sole cost and expense, shall repair any damage to such structures, Utilities and improvements, including those that are the property of a third party, caused by the failure of any Contractor-Related Party to perform the Work in accordance with the Contract Documents; provided, however, that such obligation shall not be construed to affect Contractor’s rights, if any, to seek recovery from any applicable insurance.

Protection of Existing Structures, Utilities and Improvements. Contractor shall protect and preserve all existing structures, Utilities utilities and improvements on or adjacent to the Site which are not required to be removed under the Contract Documents. Contractor shall promptly notify Owner if such structures, Utilities utilities or improvements are damaged. Contractor, at its sole cost and expense, shall repair any damage to such structures, Utilities utilities and improvements, including those that are the property of a third party, caused by the failure of any Contractor-Related Party to perform the Work in accordance with the Contract Documents; provided, however, that such obligation shall not be construed to affect Contractor’s rights, if any, to seek recovery from any applicable insurance.