181-26 Exhibit A- Final Specifications_compressed.pdf

Contractor shall in no manner be relieved from responsibility or liability on account of any fault or delay in the execution of the said work or any part thereof by any such employee, or any such subcontractor, or any materialmen, whatsoever. SECTION 22 - NO WAIVER OF RIGHTS No certificate given or payment made under this Contract shall be evidence of the performance of the Contract either wholly or in part, and no payment shall be construed to be an acceptance of defective work or improper materials. No act of the Owner or of the Engineer, or of any representative of either of them in inspecting the work, nor any extension of time for the completion of the work, shall be regarded or taken as an acceptance of such work, or any part thereof, or of materials used therein or therefore, either wholly or in part. Before any final payment shall be allowed, the Contractor will be required, and he hereby agrees, to sign a statement that he accepts the same in full payment and settlement of all claims on account of work done and materials furnished under this Contract, and furthermore that all claims on account of work done and materials furnished under this Contract, and furthermore that all claims for materials provided or labor performed have been paid or satisfactorily secured. No waiver of any breach of this Contract by the Owner or anyone acting for it or on its behalf shall be held as a waiver of any other or subsequent breach thereof. SECTION 23 - VERBAL STATEMENTS NOT BINDING It is understood and agreed that the written terms and provisions of this agreement shall supersede all prior verbal statements of the Engineer or other representatives of the Owner, and such statements shall not be effective or be constructed as entering into or forming a part of, or altering anywise whatsoever the written agreement. SECTION 24 - RELEASE OF LIABILITY No person or corporation other than the signer of this Contract as Contractor now has any interest hereunder, and no claim shall be made or be valid, and neither the Owner or any employee or agent thereof shall be liable or be held acceptable for damages caused by the Contractor. Acceptance by the Contractor of the final payment shall operate as and shall be a release to the Owner and every representative and agent thereof from all claims and liability to the Contractor for anything done or furnished for, or relating

payment shall operate as and shall be a release to the Owner and every representative and agent thereof from all claims and liability to the Contractor for anything done or furnished for, or relating to the work or for any act or neglect of the Owner or any person relating to or affecting the work. SECTION 25 - SUBSTITUTION CLAUSE Wherever in the Plans and Specifications any item of equipment or material is designated by reference to a particular brand, manufacturer, or trade name, it is understood that an approved equal product, acceptable to the Engineer may be substituted by the Contractor. SECTION 26 - AFFIRMATIVE ACTION PROVISION FOR CONSTRUCTION CONTRACTS Affirmative Action Provisions for Construction Contracts is referenced to PL 1975, C. 127, NJSA 10:5-31 et seq. and NJAC 17:27. GC-7