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08-22-22-R
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08-22-22-R
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5.04 Final Payment: Upon final completion and acceptance of the Work in accordance with Paragraph <br /> 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Prices as <br /> recommended by Engineer as provided in said Paragraph 15.06. <br /> ARTICLE 6—CONTRACTOR'S REPRESENTATIONS <br /> 6.01 In order to induce the Owner to enter into this Contract, Contractor makes the following <br /> representations: <br /> A. Contractor has examined and carefully studied the Contract Documents, and any data and <br /> reference identified in the Contract Documents. <br /> B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and <br /> adjacent areas, and become familiar with and is satisfied as to the general, local, and Site <br /> conditions that may affect cost, progress, and performance of the Work. <br /> C. Contractor is familiar with and is satisfied as to all laws and regulations that may affect cost, <br /> progress, and performance of the Work. <br /> D. Contractor has carefully studied all reports of explorations and tests of subsurface conditions <br /> at or adjacent to the Site and all drawings of physical conditions relating to existing surface or <br /> subsurface structures at the Site that have been identified in the Contract Documents, and <br /> reports relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that <br /> have been identified in the Contract Documents. <br /> E. Contractor has considered the information known to Contractor itself; information commonly <br /> known to contractors doing business in the locality of the Site; information and observations <br /> obtained from visits to the Site; the Contract Documents; and the site-related reports identified <br /> in the Contract Documents, with respect to the effect of such information, observation, and <br /> documents on (1) the cost, progress and performance of the Work; (2) the means, methods, <br /> techniques, sequences, and procedures of construction to be employed by the Contractor; and <br /> (3) Contractor's safety precautions and programs. <br /> F. Based on the information and observations referred to in the preceding paragraph, Contractor <br /> agrees that no further examinations, investigations, explorations, tests, studies, or data are <br /> necessary for the performance of the Work at the Contract Price, within the Contract Times, <br /> and in accordance with the other terms and conditions of the Contract. <br /> G. Contractor is aware of the general nature of work to be performed by Owner and others at the <br /> Site that relates to the Work as indicated in the Contract Documents. <br /> H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or <br /> discrepancies that Contractor has discovered in the Contract Documents, and the written <br /> resolution thereof by Engineer is acceptable to Contractor. <br /> I. The Contract Documents are generally sufficient to indicate and convey understanding of all <br /> terms and conditions for performance and furnishing of the Work. <br /> J. Contractor's entry into this Contract constitutes an incontrovertible representation by <br /> Contractor that without exception all prices in the Agreement are premised upon performing <br /> and furnishing the Work required by the Contract Documents. <br /> ARTICLE 7— MISCELLANEOUS <br /> 7.01 Terms: Terms used in the Agreement will have the meanings stated in the General Conditions and <br /> Supplementary Conditions. <br /> 7.02 Assignment of Contract: Unless expressly agreed to elsewhere in the Contract, no assignment by <br /> a party hereto of any rights under or interests in the Contract will be binding on another party hereto <br /> without the written consent of the party sought to be bound; and, specifically but without limitation, <br /> money that may become due and money that is due may not be assigned without such consent <br /> (except to the extent that the effect of this restriction may be limited by law), and unless specifically <br /> 2022 Tree Plan Project AGREEMENT <br /> PW-12-0014(2022) 3 of 5 <br />
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