Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Appendix 33-2-3-O - Contract Claims

Current through June 25, 2024
The Loan Recipient acknowledges and agrees that the
				  Department is not a party, in any manner whatsoever, to any contract between
				  the DWSIRLF Loan Recipient and the construction contractor(s), the consulting
				  engineer(s), the attorney(s), the equipment supplier(s), the subcontractor(s)
				  or any other parties of any kind whatsoever (hereinafter collectively referred
				  to as "vendor"). The Loan Recipient also acknowledges and agrees that any
				  benefit to vendors contracting with the Loan Recipient arising from, or
				  associated with this contract is strictly incidental and all such vendors are
				  not, and are not intended to be considered as third party beneficiaries under
				  any agreement between the Department and the Loan Recipient.
Upon execution of any contract between the Loan Recipient
				  and any other party in regard to a DWSIRLF funded project, the Department does
				  not assume any authority, duties, responsibility, or liability in contract
				  claims identification, negotiation, resolution, or any other actions regarding
				  contract claims under the contract(s) between the Loan Recipient and any other
				  party.
No actions taken by the Department, either directly or
				  indirectly, in regard to the DWSIRLF loan funded project constitute or
				  establish any determinations, authority, duty, responsibility, or liability
				  under the contract(s) between the Loan Recipient and any other party. The Loan
				  Recipient agrees and warrants that it shall include language, approved by the
				  Department, in its contracts with its vendors requiring the Loan Recipient and
				  its vendors to acknowledge and agree that the Department is not a party, in
				  anyway whatsoever, to the contract between the Loan Recipient and its vendors.
				  Such language shall require the Loan Recipient and vendors to acknowledge and
				  agree that the role of the Department is strictly that of a lender, that the
				  vendors are not and are not intended to be considered a third party beneficiary
				  under any agreement between the Department and the Loan Recipient.
				  Additionally, such language shall also require the Loan Recipient and its
				  vendors to acknowledge and agree that any action taken by the Department in its
				  role as administrator for the revolving loan programs, or in its separate and
				  distinct role as regulator, shall not in any way change or alter its position
				  as that of lender.
The Loan Recipient and the contracting party must resolve
				  all claims and contract disputes by negotiation, arbitration, litigation, or
				  other means as provided in the contract documents and state law, prior to
				  submission of any change order to the Department for review and approval in
				  order to obtain a DWSIRLF loan eligibility/allowability
				  determination.