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  2. Finance Committee - Agenda - 3/17/2021 - P156

Finance Committee - Agenda - 3/17/2021 - P156

By dnadmin on Mon, 11/07/2022 - 13:44
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
156
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031720…

B. Resolving Discrepancies

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions
of the Contract Documents and:

a. The provisions of any standard, specification, manual, code, or instruction (whether or not specifically
incorporated by reference in the Contract Documents); or

b. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or
Regulation).

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to
modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment, or (ii) a
Change Order; order B. The requirements of the Contract Documents may be supplemented and minor variations
and deviations in the Work may be authorized, by one of more of the following ways: (i) a Field Order; (ii) ENGINEER’s
approval of a Shop Drawing or Sample; or (iii) ENGINEER’s written interpretation or clarification.

3.05 Reuse of Documents

A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the
Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in
any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER’s Consultant, including electronic media editions. This prohibition will survive final payment,
completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude
CONTRACTOR from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS

4.01 Availability of Lands

A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general
application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work.
OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in
existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER’s furnishing
the Site, CONTRACTOR may make a Claim therefore as provided in paragraph 10.05.

B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title
and legal description of the lands upon which the Work is to be performed and OWNER’s interest therein as necessary
for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and
Regulations.

C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.

D. If corporate or private property interferes with the Work, CONTRACTOR shall notify, in writing, the OWNER’s of
such property, advising them of the nature of the interference and shall arrange to cooperate with them for the

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Finance Committee - Agenda - 3/17/2021 - P156

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