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John and Randy, I got a call from Bob Sevitz regarding a change I made to the EECC revisions to the Co Op City EPC contract. Specifically, I deleted language he had added to the waiver of consequential damages. Bob had added a provision that said that the waiver was "subject to" the indemnification section of the contract. I felt this was too broad of a carve out, especially from the contractor's point of view. Any tweaking of the indemnity language (to blatantly reconcile it with the waiver) can occur during the drafting process. Just wanted to pass this along. Kay
Co Op City EPC contract