Contract LT-246 plans for 39th Street water line replacement

NYC 9/11 Public Portal Document

with the preceding two paragraphs of this numbered clause of such patentable subject matter or patented material compositions of matter, manufactures, apparatus, appliances, processes of manufacture or types of construction. If requested by the Authority and if notified prompt­ ly in writing of any such claim, the Contractor shall conduct all nego­ tiations with respect to and defend such claim without expense to the Authority. If the Authority be enjoined from using any of the facili­ ties which form the subject matter of this Contract and as to which the Contractor is to indemnify the Authority against patent claims, the Authority may, at its option and without thereby limiting any other right it may have hereunder or at law or in equity, require the Con­ tractor to supply, temporarily or permanently, facilities not subject to such injunction and not infringing any patent or to remove all such facilities and refund the cost thereof to the Authority or to take such steps as may be necessary to ensure compliance by the Authority with such injunction all to the satisfaction of the Authority and all with­ out cost or expense to the Authority. 6. CERTIFICATION. Where materials and equipment are required to conform to cer­ tain Standard or tentative Specifications or requirements for any organizations including, but not limited to, the American Society for Testing and Materials, American National Standards Institute, Associa­ tion Rules for Grading Lumber, Federal Specifications, National Elec­ trical Manufacturers Association, American Association of State Highway Officials , American Water Works Association and the International Municipal Signal Association, the Contractor shall furnish to the Engineer the manufacturer's written certification that each of the ma terials or equipment conforms to the foregoing standard or tentative specifications. The certification shall be delivered to the Engineer prior to installation of the materials to which it refers. Such certifications shall not be binding or conclusive on the Authority and may be rejected by the Engineer at any time if incorrect, improper or otherwise unsatisfactory in his opinion.

7. LAWS AND ORDINANCES. In order to effectuate the policy of the Authority, the Contrac­ tor shall comply with all provisions of federal, state, municipal, local and departmental laws, ordinances, rules, regulations and orders which would affect the work and its performance and those engaged therein if this Contract were being performed for a private corpora- t ion, except where stricter requirements are contained in this Con- trac t. He shall not however, apply for any permits or licenses in the name of or in behalf of the Authority, but shall do so in his o^<n name where required by law or by the immediately preceeding sentence. The Port Authority will apply for the following permit in connection with this Contract in its own name: New York City Department of Transportation "Contractor's Fer­ mi t" .

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