acknowledges and warrants that any exceptions to this representation have been specifically identified in the Contract Documents. Contractor further represents and warrants that it can and will complete the Work for the Contract Sum identified in Article 4 of this Agreement, and that no sums additional to the Contract Sum are required for Contractor's completion of the Work as identified in this Agreement, except as otherwise provided in the Contract Documents.
Contractor is entering into this Agreement on the express understanding that the Project will be used solely as an apartment project, and not as condominiums, which condominium use would entail significantly higher risk for Contractor and which risk Contractor is not willing to assume. In the event the Project is ever converted to condominiums, Contractor shall have no further obligation or liability under any legal theory and shall be released from any further obligation under this Agreement or at law, and Owner shall indemnify, defend, protect and hold harmless Contractor from and against any cost, claim or expense arising after such conversion, including without limitation direct or indirect claims from unit buyers or the condominium owners' association.
As the formation or presence of mold or fungi in a building is dependent upon a broad range of factors including, but not limited to, the presence of spores and nutrient sources, moisture, temperatures, climatic conditions, relative humidity and heating! ventilation systems and their maintenance and operating capabilities, the Contractor shall not be liable for any claims, repairs, restoration, damages, or injuries relating to the presence of any irritants, contaminants, vapors, fumes, molds, fungi, bacteria, spores, micro-toxins, or the like in any building or in the air, land or water serving the Project.
New Mexico State and Local (City of Santa Fe, NM) sales and use tax Will Be billed at the current tax rate in addition to the monthly draw request, it is based upon 8.0625% (effective July 1,2009 thru December 31, 2009). Any fluctuations of the state oflocal tax rate or contract amount shall be adjusted.
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:
The Agreement is this executed version of the PROJECTS Standard Form of Agreement Between Owner and Contractor, StipUlated Sum [Modified Form of AlA Document AIOl-1997]; 1998 Edition with revisions.
The General Conditions are the PROJECTS General Conditions of the Contract for Construction [Modified Form of AlA Document 201-1997; 1998 edition, with revisions. ("Exhibit A")
The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated (ENTER DATE) and otherwise as follows: N/A
The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Refer to Exhibit No. B, which describes all Specifications for the Project, attached to this Agreement, and modifications to Specification in Exhibit "E").
The Drawings are as dated and described in Exhibit B: (Refer to Exhibit No. B I which lists all drawings and the dates thereof, attached to this Agreement).
The Addenda, if any, are as follows; (Refer to Exhibit _H_, which lists all Addenda, attached to this Agreement). NIA Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8.
Other documents, if any, forming part of the Contract Documents are as follows: Exhibit "B" List Bidding Documents, Specifications, Drawings Exhibit "C" Schedule ofValues Exhibit "D" Project Schedule Exhibit "E" Form 5370 (1112006) General Conditions for Construction Contracts Public Housing Programs
Exhibit "F" Prevailing Wage Rate Exhibit "G" Duty & Germanas Addendum #1 dated (ENTER DATE)