Proposed Heritage Rail Trail Connection to Mine Falls Park
D. The Contract Documents may only be amended, modified, or supplemented as
provided in the General Conditions.
ARTICLE 11 — MISCELLANEOUS
11.01 Terms
A.
Terms used in this Agreement will have the meanings stated in the General Conditions
and the Supplementary Conditions.
11.02 Assignment of Contract
A.
Unless expressly agreed to elsewhere in the Contract, no assignment by a party
hereto of any rights under or interests in the Contract will be binding on another party
hereto without the written consent of the party sought to be bound; and, specifically
but without limitation, money that may become due and money that is due may not
be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents.
11.03 Successors and Assigns
A.
Owner and Contractor each binds itself, its successors, assigns, and legal
representatives to the other party hereto, its successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in
the Contract Documents.
11.04 Severability
A.
Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon Owner and Contractor, who agree that
the Contract Documents shall be reformed to replace such stricken provision or part
thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
11.05 Contractor's Certifications
A.
Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or
coercive practices in competing for or in executing the Contract. For the purposes of
this Paragraph 11.05:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing
of value likely to influence the action of a public official in the bidding process or
in the Contract execution;
2. “fraudulent practice” means an intentional misrepresentation of facts made (a)
to influence the bidding process or the execution of the Contract to the detriment
Hoyle, Tanner Project No. 902603 00520-6
