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No. 2060 approving/authorizing the execution of an agency agreement by/between the SBRC and the COSB board of public works relating to studebaker national museum relocation project (SBCDA)
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No. 2060 approving/authorizing the execution of an agency agreement by/between the SBRC and the COSB board of public works relating to studebaker national museum relocation project (SBCDA)
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10/18/2012 1:48:30 PM
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or are unsatisfactory for any reason, the Board, during the term of this Agency Agreement, shall <br />make any claim on account thereof solely against said supplier or contractor. <br />9. The Commission hereby assigns to the Board, during the term of this Agency <br />Agreement, all its rights and benefits pursuant to any warranties, duties, or obligations of any <br />manufacturer, wholesaler, retailer, installer, contractor, or subcontractor who provides any labor or <br />materials for or in the Project. <br />10. The Board, on behalf of the Commission, shall be responsible for processing all <br />contractor claims for payment, consistent with the following procedure. The Board shall: <br />(a) obtain a completed Application and Certificate for a Payment (AIA G702) executed <br />by the project architect or engineer; and <br />(b) certify, in a Certificate for Payment signed by its authorized officers, that the work <br />represented by the request for payment has been satisfactorily completed and there <br />are no facts or conditions existing that would require the delay in payment to the <br />contractor. <br />11. The parties acknowledge that it is the responsibility of the Commission to carry, or <br />cause others to carry, builder's risk insurance and bodily injury and property damage insurance and <br />the Board shall have no responsibility to obtain such insurance coverage. <br />12. The Board shall accept the completed Project on behalf of the Commission, which <br />acceptance shall be evidenced by: <br />(a) execution of a Certificate of Completion by the project architect or engineer and, if <br />applicable, a Certificate of Occupancy issued by the Building Commissioner of the <br />City of South Bend; and <br />(b) the execution of a Certificate of Acceptance by the Board, accepting the Project as <br />completed on behalf of the Commission. <br />13. The terms and conditions of the Agency Agreement shall insure to the benefit of and <br />_ bind the respective parties hereto and their successors in interest and assigns, and no portion of the <br />4 <br />
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