Common use of SERVICES AND RESPONSIBILITIES Clause in Contracts

SERVICES AND RESPONSIBILITIES. 2.1 Contractor hereby agrees to perform the services described and for the fee set forth in the Scope of Work. The Contractor shall be solely responsible for the satisfactory and complete execution of the Scope Work. The Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Scope of Work. The Scope of Work shall generally be performed at the direction of the NMCRA and completed and completed within that certain number of days from the issuance of a Work Order by the NMCRA to the Contractor (the “Term”). Time is of the essence in the performance of all obligations within the Term. Final Completion of the Scope of Work shall be completed prior to the expiration of the Term and the failure of the Contractor to do so shall be a material default under this Agreement. “Final Completion” shall mean (a) the Scope of Work has been fully completed including all punch list items substantially in accordance with plans and specifications, (b) all final certificates of occupancy (or their equivalent) all other certificates, licenses, consents and approvals required for the permanent occupancy, use and operation of the Project shall have been issued or obtained from the appropriate governmental authorities, (c) all construction costs and other costs and expenses incurred in connection with the Scope of Work including punch list items have been paid in full or bonded, (d) all contractor certificates and final waivers of lien for the Scope of Work have been obtained, and (e) all record drawings and electronic files have been delivered to the NMCRA. Additionally, the failure to achieve Final Completion by the end of the Term shall result in the Liquidated Damages of Five Hundred and 00/100 Dollars ($500.00) per diem for each and every after the expiration of the Term until Final Completion is achieved, and the Contractor hereby authorizes the NMCRA to charge and deduct from any fees owed to Contractor any such Liquidated Damages. In the event of any delay caused or claimed by the Contractor to be caused in whole or in part by the NMCRA, an extension of time shall be the Contractor’s sole remedy and the Contractor hereby waives any claims for delay damages.

SERVICES AND RESPONSIBILITIES. 2.1 Contractor hereby ▇▇▇▇▇▇ agrees to perform the services described and for the fee set forth in the Scope of Work. The Contractor shall be solely responsible for the satisfactory and complete execution of the Scope Work. The Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Scope of Work. The Scope of Work shall generally be performed at the direction of the NMCRA and completed and completed within that certain number of days from the issuance of a Work Order by the NMCRA to the Contractor (the “Term”). Time is of the essence in the performance of all obligations within the Term. Final Completion of the Scope of Work shall be completed prior to the expiration of the Term and the failure of the Contractor to do so shall be a material default under this Agreement. “Final Completion” shall mean (a) the Scope of Work has been fully completed including all punch list items substantially in accordance with plans and specifications, (b) all final certificates of occupancy (or their equivalent) all other certificates, licenses, consents and approvals required for the permanent occupancy, use and operation of the Project shall have been issued or obtained from the appropriate governmental authorities, (c) all construction costs and other costs and expenses incurred in connection with the Scope of Work including punch list items have been paid in full or bonded, (d) all contractor certificates and final waivers of lien for the Scope of Work have been obtained, and (e) all record drawings and electronic files have been delivered to the NMCRA. Additionally, the failure to achieve Final Completion by the end of the Term shall result in the Liquidated Damages of Five Hundred and 00/100 Dollars ($500.00) per diem for each and every after the expiration of the Term until Final Completion is achieved, and the Contractor hereby authorizes the NMCRA to charge and deduct from any fees owed to Contractor any such Liquidated Damages. In the event of any delay caused or claimed by the Contractor to be caused in whole or in part by the NMCRA, an extension of time shall be the Contractor’s sole remedy and the Contractor hereby waives any claims for delay damages.

SERVICES AND RESPONSIBILITIES. 2.1 Contractor hereby ▇▇▇▇▇▇ agrees to perform the services described and for the fee set forth in the Scope of Work. The Contractor shall be solely responsible for the satisfactory and complete execution of the Scope Work. The Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Scope of Work. The Scope of Work shall generally be performed at the direction of the NMCRA HBCRA and completed and completed within that certain number of days ( ) months from the issuance of a Work Order Notice to Proceed by the NMCRA HBCRA to the Contractor (the “Term”). Time is of the essence in the performance of all obligations within the Term. Final Completion of the Scope of Work shall be completed prior to the expiration of the Term and the failure of the Contractor to do so shall be a material default under this Agreement. “Final Completion” shall mean (a) the Scope of Work has been fully completed including all punch list items substantially in accordance with plans and specifications, (b) all final certificates of occupancy (or their equivalent) all other certificates, licenses, consents and approvals required for the permanent occupancy, use and operation of the Project shall have been issued or obtained from the appropriate governmental authorities, (c) all construction costs and other costs and expenses incurred in connection with the Scope of Work including punch list items have been paid in full or bonded, (d) all contractor certificates and final waivers of lien for the Scope of Work have been obtained, and (e) all record drawings and electronic files have been delivered to the NMCRAHBCRA. [Additionally, the failure to achieve Final Completion by the end of the Term shall result in the Liquidated Damages of Five Hundred and 00/100 No/100 Dollars ($500.00) per diem for each and every after the expiration of the Term until Final Completion is achieved, and the Contractor hereby authorizes the NMCRA HBCRA to charge and deduct from any fees owed to Contractor any such Liquidated Damages. .] In the event of any delay caused or claimed by the Contractor to be caused in whole or in part by the NMCRAHBCRA, an extension of time shall be the Contractor’s sole remedy and the Contractor hereby waives any claims for delay damages.