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8814-15 Accept OH EPA grant for stream bank restoration and fish shelf
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8814-15 Accept OH EPA grant for stream bank restoration and fish shelf
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L. The DB agrees to correct and otherwise address any error(s), omission(s), or deficiencies <br />in the Contract Documents at no additional cost to City. Provided, however, this provision in no <br />way limits the liability of the DB. <br />M. The DB hereby agrees to take direction from representatives, employees and/or agents of <br />the City and shall cooperate with the Consulting Engineer, the Authorized Representative and all <br />other persons involved in the Project. <br />N. The DB and its subcontractors shall only engage employees hired by it and subcontractors <br />qualify under the background check qualifications and conditions provision of the General <br />Conditions. <br />O. The DB shall only execute subcontracts in the form approved by the City, a copy of which <br />is attached hereto as Attachment A. The DB acknowledges and understands that such <br />subcontracts with its subcontractors and suppliers shall irrevocably contain the provision <br />providing for the right of assignment to the City in the event of default by the DB and that, in the <br />event of default on the part of the DB, the DB shall take any and all steps and measures to assure <br />full and unencumbered assignment of the individual subcontracts which the City elects to have <br />assigned to it, which election as to assignment shall be in the exclusive and sole discretion of the <br />City. Further, the DB acknowledges and agrees that, in the event of assignment, the City shall <br />not assume such outstanding obligations and duties of the DB, including but not limited the <br />obligation to pay the DB's subcontractors and/or subcontractors shall amounts and/or assume <br />such of the DB's obligations which preceded the date of assignment of such subcontracts. <br />ARTICLE XVI. NON - ASSIGNMENT <br />DB shall not be entitled to assign any, of its rights and interests under this Contract. Nothing <br />herein, however, shall limit the right of the DB to engage the services of City- acceptable <br />subcontractors and providers of other services and labor, including design services, subject to the <br />provisions of the Contract Documents. Provided, however, the City retains the right to require <br />the DB to terminate its contractual relationships with suppliers and/or subcontractors in <br />accordance with the provisions of the General Conditions. <br />ARTICLE XVII. OTHER CONDITIONS AND TERMS <br />A. The parties for themselves, their heirs, executors, administrators, successors and assigns <br />do hereby agree to the full performance of the covenants herein contained. <br />B. This Contract and any modifications, amendments or alterations thereto shall be governed, <br />construed and enforced by and under the laws of the State of Ohio. <br />C. If any term or provision of this Contract or the application thereof to any person or <br />circumstance, is finally determined including any appeal taken, to be invalid or unenforceable by <br />111Page <br />
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