AND/OR
ADMINISTERED BY ONE OR MORE CONSTRUCTION LENDERS (EACH, A "LENDER").
THE
DESIGN/BUILDER AGREES TO COMPLY WITH THE REQUIREMENTS OF EACH LENDER WHICH BEAR
UPON THE PERFORMANCE OF THE WORK.
THE DESIGN/BUILDER SHALL ALSO:
(A) MAKE THE
SITE OF THE WORK AVAILABLE AT REASONABLE TIMES FOR INSPECTION BY THE LENDER OR
THE LENDER'S REPRESENTATIVES; (B) CONSENT TO AND EXECUTE ALL DOCUMENTS
REASONABLY REQUESTED BY THE OWNER OR ANY LENDER IN CONNECTION WITH THE
ASSIGNMENT OF THE CONTRACT TO ANY LENDER FOR COLLATERAL PURPOSES AND/OR THE
DISBURSEMENT OF FUNDS BY ANY LENDER; (C) PROMPTLY FURNISH THE OWNER WITH
INFORMATION, DOCUMENTS, MATERIALS AND/OR CERTIFICATES THAT THE OWNER MAY
REASONABLY REQUEST FROM TIME TO TIME IN ORDER TO COMPLY WITH THE REQUIREMENTS OF
THE LENDER; AND (D) OTHERWISE COMPLY WITH ALL REQUIREMENTS OF ANY LENDER TO THE
EXTENT APPLICABLE TO THE PERFORMANCE OF THE WORK.
25.
SPECIAL PROVISIONS REGARDING LEASE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE DESIGN/BUILDER ACKNOWLEDGES AND
AGREES THAT:
(A) THE WORK IS TO BE PERFORMED IN PREMISES LEASED FROM
MASSACHUSETTS DEVELOPMENT FINANCE AGENCY ("LANDLORD"); (B) THE DESIGN/BUILDER
SHALL MAKE THE SITE OF THE WORK AVAILABLE AT REASONABLE TIMES FOR INSPECTION BY
LANDLORD OR LANDLORD'S REPRESENTATIVES; (C) ALL OR A PORTION OF THE CONTRACT SUM
SHALL BE PAID WITH FUNDS PROVIDED BY LANDLORD; (D) THE DESIGN/BUILDER SHALL
COMPLY WITH ANY REQUIREMENTS, RULES OR PROCEDURES IMPOSED BY LANDLORD AND AGREED
TO BY THE OWNER WHICH RELATE TO THE DESIGN AND/OR PERFORMANCE OF THE WORK OR
PAYMENT FOR THE WORK WITHIN THE GUARANTEED MAXIMUM PRICE (INCLUDING ALL CHARGES
IMPOSED BY LANDLORD THEREUNDER); (E) THE LANDLORD, AND NOT THE OWNER, SHALL BE
PROVIDING PROPERTY INSURANCE FOR THE PROJECT AND THE PROJECT SITE, WHICH
PROPERTY INSURANCE SHALL INCLUDE ONLY THE COVERAGES AND LIMITS NORMALLY CARRIED
BY THE LANDLORD; (F) THE LANDLORD SHALL BE AN INDEMNIFIED PARTY AND SHALL BE
NAMED AS AN ADDITIONAL INSURED TO THE SAME EXTENT AS OWNER UNDER THE CONTRACT
DOCUMENTS; AND (G) THE DESIGN/BUILDER'S ARCHITECT OR ENGINEER SHALL CERTIFY TO
OWNER AND LANDLORD THAT ALL COMPONENTS OF THE WORK, ONCE INSTALLED, WILL BE
COMPATIBLE WITH THE BUILDING'S PLUMBING, ELECTRICAL AND MECHANICAL SYSTEMS.
26.
CONFIDENTIALITY.
DESIGN/BUILDER SHALL
MAINTAIN, AND CAUSE ALL OF ITS SUBCONTRACTORS TO MAINTAIN, THE CONFIDENTIALITY
OF ALL INFORMATION ABOUT THE OWNER AND THE PROJECT THAT WOULD REASONABLY BE
CONSIDERED CONFIDENTIAL (INCLUDING, WITHOUT LIMITATION, TECHNICAL INFORMATION OR
SPECIFICATIONS REGARDING THE PROJECT AND/OR THE OWNER'S PROPRIETARY PROCESSES
AND PROCEDURES), UNLESS WITHHOLDING SUCH INFORMATION WOULD VIOLATE THE LAW OR
PREVENT DESIGN/BUILDER FROM ESTABLISHING A CLAIM OR DEFENSE IN AN ADJUDICATORY
PROCEEDING.
27.
BUILDING IN USE.
DESIGN/BUILDER RECOGNIZES
THAT THE PROJECT MAY INVOLVE WORKING IN A FACILITY WHICH WILL BE IN USE DURING
THE PERIOD OF CONSTRUCTION, AND DESIGN/BUILDER SHALL COOPERATE WITH THE OWNER
AND PERFORM ITS WORK HEREUNDER IN SUCH A MANNER AND AT SUCH TIMES SO AS TO
(A) PROTECT PERSONS AND PROPERTY IN THE FACILITY AND (B) MINIMIZE INTERFERENCE
WITH THE PRESENT OPERATION OF THE FACILITY.
DESIGN/BUILDER ACKNOWLEDGES THAT IT
INCORPORATED INTO IT'S CONTRACT BUDGET THAT THE FACILITY AND SURROUNDING