07-26-2017 Council Packet - Laserfiche WebLink

Home Browse Search

2 COSTS OF COLLECTION If Company takes any actions to enforce this Agreement or collect monies owed to it by Customer arising out of or in connection with this Agreement, Company shall be entitled to have and recover from Customer all of Company’s attorney’s fees, costs, and disbursements incurred, including pre-judgment interest. PROPOSED PROJECT SCHEDULE Company shall commence Work within 60 days of final execution of this Agreement, and all Work shall be substantially complete within 30 days after commencement of Work. Substantial completion shall mean completion of all work with the exception of any final punch list items. Customer agrees that Company is not responsible for delays in completion of the Work due to acts of God, weather, strikes, war, shortage or delay in obtaining materials, shortage or delay in labor or subcontracting, government regulations, court actions, or any other causes beyond Company’s control, including any delays caused by Customer (specifically including, but not limited to, Customers’ failure to make any payment to Company when due), Customer’s agents, representatives, or guests, or any other persons, parties, or causes not under Company’s control. In the event of any such delay, Company’s time to achieve Substantial Completion shall be extended by a period equal to the time lost by reason of such delay. However, if Work remains suspended for a period of 14 consecutive days due to nonpayment by Customer, Company may, at its option, treat this Agreement as having been breached by Customer, and pursue all available remedies and damages. CHANGE ORDERS Customer may request changes within the general scope of the Work. Any material change will only be effective if it is the form of a written Change Order signed by Customer and Company. Customer agrees that only one signature shall be required to execute and authorize a Change Order on behalf of Customer. Customer agrees that a Change Order may result in an increase in the amount of the Contract Price, or in the amount of time allowed for Substantial Completion. Company shall not be obligated to proceed with the Change Order until the value of such Change Order and its effect on the time of performance or on warranties has been agreed upon, and a Change Order has been signed by Customer and Company. LIMITED WARRANTY Company warrants that all work shall be completed in a workmanlike manner and in compliance with all codes and applicable building standards and practices. In addition, to the extent that the Work constitutes a major structural changes or addition to a residential building, the statutory warranties of Minnesota Statutes Section 327A.02 would apply. However, Company shall have no liability or responsibility for any roof damage, roof leaking, or deterioration, nor any consequential damages or loss to the building or its contents. In any case, Company’s liability for its Work or for any damages caused by Company’s Work shall be limited to the cost of the Work, and such liability shall be limited to damages occurring within one (1) year of the completion of Company’s Work. NO GUARANTEE OF SPECIFIC ENERGY PRODUCTION Cedar Creek Energy uses the National Renewable Energy Laboratory System Advisory Model, along with Manufacturers specifications, to estimate anticipated energy production. While this is the industry standard, many factors can affect energy production, and Cedar Creek does not warrant or guarantee specific energy production. Manufacturer carries warranty. SUBCONTRACTORS Company may, at its discretion, engage subcontractors to perform services under this Agreement, but Company shall remain responsible for proper completion of this Agreement.