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No. 3178 Approving and Authorizing the Execution of an Addendum to the Master Agency Agreement (Southside Improvements Project)
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No. 3178 Approving and Authorizing the Execution of an Addendum to the Master Agency Agreement (Southside Improvements Project)
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2/11/2014 10:04:08 AM
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Contractor's failure to provide the Client with the requisite certificates of insurance shall not <br />constitute a waiver of this provision by the Engineer. <br />The Client and Engineer waive all rights against each other and against the Contractor and <br />consultants, agents and employees of each of them for damages to the extent covered by <br />property insurance during construction. The Client and Engineer each shall require similar <br />waivers from the Contractor, consultants, agents and persons or entities awarded separate <br />contracts administered under the Client's own forces. <br />30. Hazardous Materials /Pollutants: Unless otherwise provided by this Agreement, the Engineer and <br />Engineer's consultants shall have no responsibility for the discovery, presence, handling, <br />removal or disposal of or exposure of persons to hazardous materials /pollutants in any form at <br />the Project site, including but not limited to mold /mildew, asbestos, asbestos products, <br />polychlorinated biphenyl (PCB) or other toxic /hazardous /pollutant type substances. <br />Furthermore, Client understands that the presence of mold /mildew and the like are results of <br />prolonged or repeated exposure to moisture and the lack of corrective action. Client also <br />understands that corrective action is an operation, maintenance and repair activity for which the <br />Engineer is not responsible. <br />June 13.2005 - INDIANA <br />gt &c- indiana modified City of South Bend <br />City of South Bend: South Side Improvements October 2, 2013 <br />19.6100167.00001 Page 13 <br />
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