to WARRIOR GROUP's
release from responsibility from the Contractor therefore under the Contract
Documents or applicable law. Unless otherwise specified in the Contract
Documents, such warranty obligations shall commence on the date of Substantial
Completion as determined by the Contract Documents.
19.
This Agreement constitutes the entire agreement between the parties concerning
the subject matter hereof and supersedes all prior or concurrent oral or written
discussions or agreements related thereto. This Agreement may only be modified
in writing executed by the parties hereto.
20.
Vendor acknowledges that the Owner has the right to make changes in the general
scope of the prime contract, either in writing or orally.
WARRIOR GROUP agrees
to promptly give Vendor written notice of any such change to the scope of the
prime contract affecting Vendor's work hereunder.
In the event such changes
cause an increase or decrease in the Vendor's cost of, or the time required for,
the performance of any part of the work under this Agreement, equitable
adjustments shall be made accordingly to this Agreement in writing.
Vendor
shall give WARRIOR GROUP a written claim for any equitable change to the price
to be paid by WARRIOR GROUP hereunder, or to the time needed to perform the work
hereunder, necessitated by such change in scope as soon as practicable but no
later than five (5) business days after Vendor's receipt of WARRIOR GROUP'S
notice.
WARRIOR GROUP agrees to timely take all action required under the
Contract, including without limitation under FAR 52.243-4, to secure change
order status for any change in scope for which Vendor submits a claim for
equitable adjustment and to submit such claim for equitable adjustment to Owner.
In the event Owner, Contractor or WARRIOR GROUP does not accept Vendor's claim
for equitable adjustment, WARRIOR GROUP and Vendor shall negotiate in good faith
to reach mutually satisfactory terms for an adjustment to the price paid by
WARRIOR GROUP hereunder, or the time required to perform the work hereunder (as
applicable) and such agreement shall be a condition to the completion by Vendor
of any change in the work performed hereunder.
21.
INDEMNIFICATION:
(A)
THE VENDOR EXPRESSLY AGREES TO INDEMNIFY, DEFEND (WITH COUNSEL OF ITS CHOICE)
AND HOLD HARMLESS WARRIOR GROUP, CONTRACTOR, OWNER AND THEIR AUTHORIZED AGENTS
AND ANY OTHER PARTY THE WARRIOR GROUP IS OBLIGATED TO INDEMNIFY UNDER THE
CONTRACT (COLLECTIVELY, THE "INDEMNITEES") FROM AND AGAINST ANY AND ALL
LIABILITY, CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, COSTS AND EXPENSES
(INCLUDING REASONABLE ATTORNEYS' FEES), ARISING FROM THE WORK PERFORMED BY THE
VENDOR AND ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT ACT OR OMISSION OF THE
VENDOR.
THE CLAIMS TO WHICH THIS INDEMNITY OBLIGATION APPLY SHALL BE LIMITED TO
CLAIMS FOR PERSONAL INJURY OR DEATH TO ANY PERSON OR PERSONS (INCLUDING BUT NOT
LIMITED TO OFFICERS, AGENTS AND EMPLOYEES OF WARRIOR GROUP, VENDOR OR LOWER-TIER
VENDORS TO VENDOR) AND PROPERTY DAMAGE (OTHER THAN TO THE VENDOR'S WORK ITSELF)
ARISING FROM VENDOR'S WORK.
EXCEPT TO THE EXTENT REQUIRED BY THE CONTRACT
DOCUMENTS,