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Agenda Packets - 2021/02/08
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Agenda Packets - 2021/02/08
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Last modified
1/28/2025 4:46:22 PM
Creation date
3/16/2021 12:12:55 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
2/8/2021
Supplemental fields
City Council Document Type
Packets
Date
2/8/2021
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WHEREAS, the Parties do not believe it is in their mutual best interest to engage in the <br />claims process and dispute resolution of the Owner's Claims and the Contractor's Claims while <br />the work on the Project is ongoing; <br />WHEREAS, Contactor and Owner wish to preserve the timeliness of any rights, causes of <br />action, and/or defenses, if any, that may exist with respect to the Owner's Claims or Contractor's <br />Claims; <br />WHEREAS, Contractor and Owner both believe that while the work on the Project is <br />ongoing, it is in their mutual best interests that the Parties agree to the tolling arrangement set forth <br />below. <br />NOW, THEREFORE, the parties hereto agree as follows: <br />1. RECITAL CLAUSES. The recital clauses set forth above are incorporated into <br />this Agreement. <br />2. TOLLING OF CLAIMS. For the period of time from the Effective Date through <br />the Termination Date, as limited below, the applicable limitations period(s) for final resolution of <br />Claims under Sections 12.01.E and 12.01.F, of Article 12 of the Standard General Conditions of <br />the Construction Contract, as modified by the Supplementary Conditions ("Article 12 Sections"), <br />whether statutory, contractual, equitable or otherwise, that in any way relates to any of the Owner's <br />Claims, the Contractor's Claims, or any other claims asserted by either Party after the Effective <br />Date shall be tolled and shall not run or expire. For the period of time from the Effective Date <br />through the Termination Date, as limited below, the applicable limitations period(s) for Final <br />Resolution of Disputes under Article 17 of the Standard General Conditions of the Construction <br />Contract, as modified by the Supplementary Conditions ("Article 17"), whether statutory, <br />contractual, equitable or otherwise, that in any way relates to any of the Owner's Claims, the <br />K <br />
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