79-26 MT Contracting Structural Improvements at OSPAC v2 DJH.pdf

5 10.2. To the extent of any inconsistency between the Contractor’s Bid Submission and the Bid Specifications, the Bid Specifications shall govern as to that inconsistency over the Contractor’s Bid Submission. 10.3. Contractor hereby indemnifies the Township and saves it harmless, including Township employees, representatives, agents and servants, from and against any and all losses, claims, liabilities and expenses including legal fees and costs which may arise or be claimed against the Township, its agents, representatives, servants or employees in connection Contractor’s actions under this Agreement. Township agrees that all funds due Contractor for properly providing the services described in this Agreement will be provided to Contactor in a reasonable and timely manner. 10.4. This Agreement shall be construed in accordance with the laws of the State of New Jersey without regard to conflict of law principles. The parties consent to the personal and subject matter jurisdiction of the Superior Court of New Jersey, Essex Vicinage for resolution of any and all claims arising out of or in connection with this Contract. The parties waive any right to a jury as to any and all issues. 10.5. Neither OWNER nor CONTRACTOR shall, without the prior written consent of the other, assign or sublet in whole or in part any interest under any of the Contract Documents; and, specifically but without limitation, CONTRACTOR shall not assign any monies due or to become due without the prior written consent of OWNER. In case CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to CONTRACTOR shall be subject to prior claims of all persons, firms and corporations for services rendered or materials supplied for the performance of the Work called for in this Contract. 10.6. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 10.7. The Contract Documents constitute the entire agreement between OWNER and CONTRACTOR and may only be altered, amended or repealed as stipulated in the Contract Documents. 10.8. All changes to this Contract shall

ct Documents constitute the entire agreement between OWNER and CONTRACTOR and may only be altered, amended or repealed as stipulated in the Contract Documents. 10.8. All changes to this Contract shall be subject to Municipal Council approval. 10.9. The CONTRACTOR certifies that at least fifty-three (53) percent of the total Contract Price, as promulgated by the New Jersey Department of Treasury for the County of Essex, will be directed and paid to a minority business enterprise, either through joint venture arrangement, partnerships, subcontractors, the purchase of goods and services or any other method available. The term "minority business enterprise" shall mean a business at least fifty-one (51) percent of the stock of which is owned by a minority group member. "Minority group members" are citizens of the United States, who are African or African- American, Hispanic or Latino, Asian, American Indian, Eskimo, and Aleut.