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<br />EEEE. Additionally, the Owner may bring an action for latent defects caused by the <br />negligence of the CM or any of its subcontractors in accordance with applicable law. <br /> <br />FFFF. Guarantees for roof, equipment, materials, and supplies shall be stipulated in the <br />specifications sections governing such roof, equipment, materials, or supplies. <br /> <br />ARTICLE 39-CODES AND STANDARDS <br /> <br />Wherever reference is given to codes, standard specifications or other data published by <br />regulating agencies including, but not limited to, national electrical codes, North Carolina state <br />building codes, federal specifications, ASTM specifications, various institute specifications, etc., it <br />shall be understood that such reference is to the latest edition including addenda published prior to <br />the date of the Contract Documents. <br /> <br />ARTICLE 40 - INDEMNIFICATION <br /> <br />To the fullest extent permitted by law, the CM shall indemnify and hold harmless the Owner, <br />the Architect and the agents; consultants and employees of the Owner and Architect, from and <br />against all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, <br />arising out of or resulting from the performance or failure of performance of the Work, provided that <br />any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or <br />death, or to injury to or destruction of tangible property (other than the Work itself) including the <br />loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission <br />of the CM, the eM's subcontractor, or the agents of either the CM or the CM's subcontractor. Such <br />obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation <br />of indemnity which would otherwise exist as to any party or person described in this article. <br /> <br />ARTlCLE41- TAXES <br /> <br />GGGG. Federal excise taxes do not apply to materials incorporated in state <br />construction Work (Internal Revenue Code, Section 3442(3)). <br /> <br />HHHH. Federal transportation taxes do not apply to materials incorporated in state <br />construction Work (Internal Revenue Code, Section 3475(b) as amended). <br /> <br />JIll. North Carolina sales tax and use tax, as required by law, do apply to materials <br />incorporated in state construction Work and such costs shall be included in the bid proposal and <br />contract sum. <br /> <br />EE:00049966. <br /> <br />-29- <br />;::-+- <br />