WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document

KYC—IffiP lnfor«afc±on For Bidrior-s and Supply & Service AgreeaBent. (Rev, n/933

cr in any way cmmected with this agreement unless the Ccaitractor shall have strictly ctunpiied with all requirements relating to the giving of notice and of infevmatiem with respect to such fMaimg alt as herein provided.

B. No aedext at law or proceeding in eqniQ^ riiaU lie or be maintaitt against the Dqiartment ex* the Gty tqxxi any daim based tqxxi this Agreement ex* arising out of dzLs Agreement unless sudi actim shall be id within six (6) months after die date of final payment hereunder, ex- within six (6) mondxs of tenninatian ex* cmdnsica this Agreement, or w^hin SIX (6) moodis of accrual of the cause actian, whichever is eariiesL

C. In die event aiy daim is made ex* any action Ixougfat in ai^ way relating to die

the City of New York may require of die COTtracior.

D. The Contractor shall report to die Depardneot in writing widun three (3) wcxking days of the initiation by o' against die Contraettx- of ai^ legal actioD ex* proceeding in connecticaa with or reladzig to tiiis AgreemertL

14.4 AGENTS OR EMPfDYFPR

14.5 NO ESTOPPEL Neidier the City nor any d^janmeni, officer, agent ex* employee thereof, shall be bound. precluded ex* estopped by any detenninatkxi, dedsicxi. ap^xovai, cxder. letter, payment or certificate made ex* given under or in connecticxi with this contract by the City, die Commissioner, the Project Manager, ex* any other officer, agent or employee of the City, either before or after the final ccsnpietion and accsptance of die work and payment therefor

(1) From lowing die true and correct dasaftcadon, amount, qualz^ ex'character of the work actually done; or that any such detgrrnin^tim. dsaskm, <xder, letter, payment or certificate was untrue, incorrect or improperiy made in at^r parheuiar or diat the work tx* any part thereof does not in fact conforni to the requirements of this contract; and

(2) From demanding and recovering from the Contractor ary overpayments made to him. or sudi damages as it may sustain by reasexx^of his faihse to perfexm earix and every part of this contract in strict acccxdance with-its terms, ex* bodx.

34.6 WAIVER Waiver by die Department of a breach of any provisian of dus Contract shall not be deemed to be a waiver of any other subsequent breadi and stall not be ccaistrued to be a modification of the terms of the Contract unless and until the same shall be agreed to in writing

42

NYC-WTC_000154173