Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 7 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-7-L - Loan Recipient/Contractor Claims and Disputes

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 WPCRLF loan recipient and the construction contractor(s), engineer(s),
				  attorney(s), equipment supplier(s), 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
				  its vendors in regard to a WPCRLF funded project, the Department does not
				  assume any authorities, duties, responsibilities, or liabilities under such a
				  contract.
The Department does not have any authority, duty,
				  responsibility, or liability in contract claims or dispute identification,
				  negotiation, resolution, or any other actions regarding contract claims or
				  disputes under the contract(s) between the loan recipient and its
				  vendors.
No actions taken by the Department, either directly or
				  indirectly, in regard to the WPCRLF 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 any way
				  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 its vendors must resolve all claims
				  and disputes by negotiation, arbitration, litigation, or other means as
				  provided in the contract documents and state law, prior to submission of any
				  related change order or contract amendment to the Department for review and
				  approval, in order to obtain a WPCRLF loan allowability
				  determination.