WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document

MYC—DRP Informaion For Bidders and Sunniv & Service Agreenent fRev. 11/931

work, or that the determmaikm or order complained of is proper, he will so notify die CcHitracior to proceed, and die ContractCH’ must pronpdy ctnnply. However, in OTder to reserve his right to claim compensation for such work or damages resuiting fimn sudi coiqilianoe, the Contractor must, widiin five (5) days after receiving notice of die Canmissiaaer’s detetminaticBi and direcdon. notify die Cmnmissiotter in writing dot die.work is being perfimned or diat die deteroiinatimi and (Srectian is being cosqdied with under prtxesL

If die Contractm* fails to so appeal to die Commissioner for a daenninatian or, having so qqiealed. should die CcamactCH- thus fail to notify the Cotnmissoner in writing of his jnotest, O' damage therefor. Oral appeals or oral {xotesis, no matter to wfacxn made, ^lall sot be deemed even suhatamial con^iiaBce with die provisions of dds Artide.

If die Consactv dxall also daim to be sustainizig damages fay reason of ai^ act or omissian of die Chy or its agents, he diall within five (5) days after die sustaining of sue± damage, notify die Commissicaier in witting and widiin thirty (30) days thereafter, or within such additional dme in excess of duity (30) days as mty' be granted fay the Ccxumissioner upcm written request therefor, submit to die Conmissiasier verified statements erf the damages sustained tpgedier with documentary evidence <rf such damages. On failure of die Contractor to fully conqiiy with die forgoing provisians, such claims shall he deemed waived and no right to recover on sudi daims ritaH exist.

In addition to the statements required under Article 17.3 hereof, or under diis Article. the contractor and his sufacontracten’ shall, tqxm notice frmn die Crnnmissioner or the Comptroller, or either of diem, produce for examination at die Contractor’s or subcontractor’s office, fay the r^xesentadves of die Commissicxier, all his bocds of account, HDs, invoices. payrolls, subcontracts, time books, daily reports, bank dqxisit books, bank statements, ciieck books, canceled checks, showing all of his acts and transactions in connection with or relaxing to or arising ly reason of diis contract, and sulxnit himself and persons in his enqiloyment. for examinauon under oaih by any person designated in- the Cc issicaier to inveshgaie claims made against die City under this contract- At such examioatian a duly authorized represenative of the Contractor may be present.

Unless such statements shall be made and filed widiin the time aforesaid and such records submined for examination and the Contractor and his employees suixnit themselves for examinations as aftxesaid. die shall be rrieased from all daims arising under, relating to or by reason of this contract, except for die sum certified by die CaassassaaosT to be due under the provisions of this contract. It is further stipulaxed and agreed that no person has power to waive any of the foregoing provisions, and that in any actioi against die Chy to recover any sum in excess of the sums certified the Ccxnmissianer to be due under cr fay reasm of this contract, the Contractor must allege in his complaint and prove, at the trial, ccsnpliance with the provision.'; of this section.

In addition to the foregoing, after the commencement of any action the Connactor arising under or fay reason of this contract, the City shall also have the right fa}’ its attorney.

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