R2012-180 AUTHORIZING AGREEMENT WITH BLACK & VEATCH CONSTRUCTION INC.

Home Browse Search

t 4.2 Owner's Limited License Upon Payment in Full. Upon Owner's payment in full for all Work performed under the Contract Documents, Design/Builder shall grant Owner a limited license to use the Work Product in connection with Owner's occupancy of the Project, conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without liability or legal exposure to Design/Builder or anyone working by or through Design/Builder, including Design Consultants of any tier(collectively the"Indemnified Parties"). 4.3 Owner's Limited License Upon Owner's Termination for Convenience or Design/Builder's Election to Terminate. If Owner terminates this Agreement in whole or in part for its convenience as set forth in Article 8 hereof, or if Design/Builder elects to terminate this Agreement in whole or in part in accordance with Section 11.4 of the General Conditions of Contract, Design/Builder shall, upon Owner's payment in full of the amounts due Design/Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, conditioned on the following: .1 Use of the Work Product is at Owner's sole risk without liability or legal exposure to any Indemnified Party; and 4.4 Owner's Limited License Upon Design/Builder's Default. If this Agreement is terminated due to Design/Builder's default pursuant to Section 11.2 of the General Conditions of Contract and (i) it is determined that Design/Builder was in default and (ii) Owner has fully satisfied all of its obligations under the Contract Documents, Design/Builder shall grant Owner a limited license to use the Work Product in connection with Owner's completion and occupancy of the Project. This limited license is conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without liability or legal exposure to any Indemnified Party. Article 5 Contract Time 5.1 Date of Commencement. The Work shall commence within fifteen (15) days of Design-Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. Notwithstanding any provisions to the contrary in the Contract Documents, Design/Builder shall have the right to stop all Work, without further notice or any cure period in the event of non-payment by dates due in the Contract Documents; and in the event of restart or receipt of such payment after such date, all Contract Times basis shall be extended on a not less than day for day basis for each day that such payment has not been received in good funds after the times specified for payment and Design/Builder shall also be due an increase in the Contract Price due to such delays, stoppage of Work or failure to receive timely payment and the provisions of Article 6.1.2 below apply. 5.2 Substantial Completion and Final Completion. .1 Substantial Completion of the entire Work shall be achieved no later than the date to be agreed between the parties in Exhibit A("Scheduled Substantial Completion Date"). .2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved as follows: .1 Substantial Completion of well number one (as defined in Exhibit A) shall be achieved no later than the date to be agreed between the parties in Exhibit A ("Interim Scheduled Substantial Completion Date") .3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable after the occurrence of Substantial Completion. .4 All of the dates set forth in this Article 5 ("Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. DB Agreement October 2012 Decatur, Illinois Page 3