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2009-043-RES-Asbestos Abatement
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2009-043-RES-Asbestos Abatement
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Last modified
8/21/2012 12:34:33 PM
Creation date
5/26/2009 3:43:30 PM
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CITY CLERK
Doc Name
2009-043-RES
Doc Type
Resolution
CITY CLERK - Date
4/27/2009
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Brady Environmental Services, Inc. <br />all attorney's fees and other costs of defense of any claim, suit, action or other <br />proceeding, judicial or administrative, criminal or civil, for any alleged cause <br />which would give rise to any payment required of contractor under this <br />paragraph. <br />Contractor will also pay to or on behalf of the owner all amounts which the owner is <br />required to pay under any law imposing liability without regard to fault as generator of <br />the asbestos-containing waste material for the environmental clean-up of any location <br />(other than the work site) where the asbestos-containing waste material has been placed, <br />stored or disposed of in the performance of the disposal services or any other site or <br />medium to which the asbestos-containing waste material has migrated, or been released. <br />2.18 - CLAIMS FOR LABOR AND MATERIALS The contractor shall indemnify and <br />save harmless the owner from all claims for labor, services ar materials furnished under <br />this contract. When requested by the owner, the contractor shall submit satisfactory <br />evidence that all persons, firms or corporations who have performed work or furnished <br />materials under this contract, for which the owner may become legally liable, have been <br />fully paid or satisfactorily secured. <br />In case such evidence is not furnished or is not satisfactory, an amount will be retained <br />from money due to the contractor which in addition to any other sums that may be <br />retained will be sufficient, in the opinion of the owner, to liquidate all claims. Such sums <br />will be retained without interest until the claims as aforesaid are fully settled or <br />satisfactorily secured. In the event such cost shall exceed the balance of the <br />compensation due, or in the event final payment has been made, contractor and <br />contractor's sureties, if any, shall be liable for and shall pay the difference to the owner. <br />2.19 - RELEASE OF LIABILITY The acceptance by the contractor of the last payment <br />shall be a release to the owner and every officer and agent thereof, from all claims and <br />liability hereunder for anything done or furnished for, or relating to the work, or for any <br />act of negleet of the owner or of any person relating to or affecting the work. Whether <br />this contract is completed or terminated as provided for herein, the owner shall in no case <br />be liable after this contract is completed or terminated as provided for herein, the owner <br />shall in no case be liable to the contractor or its subcontractors for lost profits or for <br />indirect, consequential, or special damages. <br />2.20 - INSURANCE REOUIREMENTS During the course of operations under this <br />contract, until the work is finally accepted by the owner, and until contractor has finally <br />vacated the site or sooner if authorized by the owner in writing, contractor agrees to carry <br />and keep in full force during the performance of work hereunder insurance sufficient to <br />fully protect the owner from all damages, claims, suits and/or judgments to include <br />errors, omissions, violations, fees and penalties caused or claimed to have been caused <br />by, or in connection with, the performance or failure to perform work undertaken by the <br />contractor, its subcontractor, or their agents, or employees. The minimum coverages and <br />corresponding amounts of insurance shall be in accordance with this section. <br />8of17 <br />
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