agent must be accompanied by a certified copy of the authority to act. If the surety for any bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, the Contractor shall within five (5) days thereafter substitute another bond and surety acceptable to the Owner. Enforcement of Any Paragraph The failure of the Owner or the CM to insist in any one or more instances upon the strict performance of any one or more of the provisions of this Contract or to exercise any right herein contained or provided by law shall not be construed as a waiver or relinquishment of such provision or right or of the right to subsequently demand such strict performance or exercise such right and the rights shall continue unchanged and remaining full force and effect. Interest Unless otherwise provided for in the Contract, all monies not paid when due hereunder shall bear interest at the legal rate at the place of the Project. Meaning of Terms The meaning of terms used herein shall be consistent with the definitions expressed in the CMAA Standard forms of Agreement, Contracts and General Conditions. Reference made in the singular shall include the plural and the masculine shall include the feminine or the neuter. Unenforceability of Any Paragraph If any paragraph of this Agreement is held as a matter of law to be unenforceable or unconscionable, the remainder of this Contract shall be enforceable without such paragraph. Extent of Contract This Contract represents the entire agreement between the parties and incorporates all prior agreements and understandings in connection with the subject matter hereof. This Contract may be amended only in writing signed by the party against whom enforcement is sought.
agent must be accompanied by a certified copy of the authority to act. If the surety for any bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, the Contractor shall within five (5) days thereafter substitute another bond and surety acceptable to the Owner. Enforcement of Any Paragraph The failure of the Owner or the CM to insist in any one or more instances upon the strict performance of any one or more of the provisions of this Contract or to exercise any right herein contained or provided by law shall not be construed as a waiver or relinquishment of such provision or right or of the right to subsequently demand such strict performance or exercise such right and the rights shall continue unchanged and remaining full force and effect. Interest Unless otherwise provided for in the Contract, all monies not paid when due hereunder shall bear interest at the legal rate at the place of the Project. Meaning of Terms The meaning of terms used herein shall be consistent with the definitions expressed in the CMAA Standard forms of Agreement, Contracts and General Conditions. Reference made in the singular shall include the plural and the masculine shall include the feminine or the neuter. Unenforceability of Any Paragraph If any paragraph of this Agreement is held as a matter of law to be unenforceable or unconscionable, the remainder of this Contract shall be enforceable without such paragraph. Extent of Contract This Contract represents the entire agreement between the parties and incorporates all prior agreements and understandings in connection with the subject matter hereof. This Contract may be amended only in writing signed by the party against whom enforcement is sought.
A3-2013.docx