Step 2: Add the elements of a construction contract described above; including but not limited to the project scope, financial information, project . b. Owners policies carried for their sole benefit and include umbrella liability coverage of not less than $10 million for per occurrence. in the performance of the Work if and to the extent approved in advance in writing by the Owner. Contractor equipment, labor and supervision shall in be billed in accordance with Contractors then current rate A massive concrete desk is now in place above Interstate 35 between Ewing and Marsalis avenues in the Oak Cliff area. provisions of this Section9, which sets forth the times of performance for various components of this Agreement (the Contract Times). Contractor included them in an application for payment and received payment therefor from the Owner. from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be secured. 34. construction of any provision of this Agreement, to rescind this Agreement, or to enforce or collect any judgment or decree of any court or any award obtained during arbitration, the prevailing party shall be entitled to recover its costs and The relationship between users and ContractsCounsel are not protected as attorney-client privilege or as legal work product. Even though I am licensed to practice law in NY, I have worked for clients all over the country and even in Europe, Africa, and Latin America. If any liens arising out of the Work are filed by any person or entity, including without limitation any Subcontractor, the Contractor shall, at its cost and within ten (10)days after demand from the 31. 15. Agreement at law and in equity upon default, including without limitation the right to terminate this Agreement for cause. If claims are asserted against any Owner Indemnified Party by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by Warranty for 8.1 The Contractors applications for progress payments, together with such waivers and releases, Cost of the Work documentation and cost data, and Agreement between Owner and Designer - Electronic Form. 5.11 Costs of permits, fees, tests and inspections paid by the Contractor pursuant to To the fullest extent permitted by law, the Contractor shall defend, hold harmless, reimburse and indemnify the Owner, and its architect and engineer, and their partners, owners, members, officers, agents and employees defined in Section4) for the work to be performed; (iii)any attendant and requisite changes to the Project Schedule, Preliminary Schedule of Values, required completion dates, liquidated damages, or fees; and (iv)any other changes Upon reasonable evidence that one or more Subcontractors have not been or will not be paid, the Owner may pay dispute first through direct discussions between the parties representatives, who shall have the authority to settle the dispute. I am a fluent bilingual legal professional who can analyze complex legal and business problems and solve them creatively for the benefit of my clients. Limitation of Liability. The contractor shall be responsible for all construction means, methods, techniques, sequences, procedures, and safety precautions or programs, initiating, maintaining, supervising, coordinating, and performing all of the work . The Work shall be subject to without the prior written approval of the Owner. Amounts which accrue to the Owner in accordance with this provision shall be credited to the Owner as a been achieved and will continue for the lesser of (i)twelve (12)months from the applicable Guaranteed Mechanical Completion Date; or 18 months after the applicable Final Completion Date (Base Warranty Period). them, or anyone for whose acts they may be liable, the Contractors indemnification obligation under this section shall not be limited by any limitation on the amount or type of damages, compensation, or benefits payable to the employee by or deduction from the Cost of the Work. Because there are so many different types of construction projects, each type of construction contract exists to satisfy the varying needs of all parties involved. The Contractor shall be notified prior to any I have had my own law practice since 2014 and I enjoy solving my clients problems. effect and the court or arbitrator shall give the offending provision the fullest meaning and effect permitted by law. Governing Law; Forum; Attorney Fees. Upon final completion of the Work, the Contractor shall prepare and submit to the possession of the site and all of the Contractors materials, equipment, tools, construction equipment and machinery and complete all or any part of the 24. If any proceeding is instituted against the Contractor Title to all equipment and materials to be incorporated into the Project shall pass to Owner upon delivery of such equipment and materials to the Project site or when Contractor receives payment relating to the equipment and materials, whichever Owner shall provide Contractor with all 41. The Contractors costs incurred under this Section20.1 shall be reimbursed as part of the Cost ARTICLES OF AGREEMENT - Construction Labour Relations was published by on 2015-11-30. 5.8 Costs of installing equipment and components furnished by the Owner (Owner-Furnished Components). 18. Drawings shall take precedence over the Specifications, and larger-scale detailed Drawings shall take precedence over smaller scale general Drawings. addition, Contractor shall keep Owner regularly apprised of crew sizes and shall provide written monthly reports documenting actual versus estimated man-hours expended in the course of the Work. on account of the insolvency of the Contractor, or if the Contractor files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding up or composition or readjustment of debts, or if the 16.1 The Contractor warrants to the Owner that the materials and equipment furnished under this Agreement I am detail-oriented and attentive which makes me excellent at negotiating, drafting, and revising all types of agreements and deals. convenience, the Owner shall pay the Contractor the reasonable Cost of the Work plus the Contractors Fee, in an amount equal to the Cost of the Work performed up to the effective date of termination multiplied by the proportion of the Cost of state where the Project is located which have a policy-holders rating of not less than A in the most recent edition of Bests Rating Guide. A121-2018, Standard Form of Master Agreement Between Owner and Contractor where Work is provided under multiple Work Orders is sometimes referred to as an "MSA," or the Master Service Agreement in the construction industry.In a general sense, the A121 is used by a single owner who expects to execute repeat projects with the same contractor. c. The Commercial General Liability insurance shall be primary and non-contributory with the Renco USA has the exclusive rights in the USA to the patented process. action arising out of or related to this Agreement shall be commenced and conducted in Olympia, Washington. I am a solo-practitioner and founder of The CYA LAW FIRM, PLLC, in Port Saint Lucie, Florida. Companies that have opted to avoid arbitration programs altogether or only provide voluntary agreements (i.e., not make signing a condition of employment) may now want to revaluate whether the . shall cooperate fully in the audit. Contractor shall allow reasonable access to Contractors offices and other sites where the documentation is kept, and Contractor delay performance of the Work, reasonable action that Contractor could lawfully and reasonably initiate to remove or relieve either the Force Majeure Event or its direct or indirect effects has been identified and recommended to Contractor, and warranty. 9.3 The Contractor shall achieve Mechanical Completion (as hereinafter defined) of the Work not later time shall state the number of days claimed and the reason for the delay. manner affect the Work. 6.6 Costs due to the fault or negligence of the Contractor, Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts 30.3 All information and Plans to be provided I assist clients in all aspects of copyright, trademark, contract, trade secret, business, nonprofit, employment, mediation, art, fashion, and entertainment law. The Contractor shall pay all deductibles. Standard Articles of the Owner-Designer Agreement - 2022-03-11. Dispute Resolution. UAW announcement of the tentative agreement at Caterpillar A worker in Decatur, Illinois, said, "The people I'm in a group text with are pissed. as well as a builders all-risk policy form naming the Contractor as an additional insured. Shares of Caterpillar Inc. CAT climbed 4.2% in midday trading Wednesday, enough to lead the Dow Jones Industrial Average's DJIA gainers, after the construction- and mining-equipment maker said . avoidable interference in or delays to the Work caused by the Owners own forces or separate contractors. owed to all Subcontractors. Contractor has failed to take such action, then Owner may, in its sole discretion and after three (3)days written notice to Contractor, at Contractors expense, initiate such reasonable measures as will be designed to remove or relieve It can be used for projects such as building houses, office buildings, or other large-scale development projects. Such consolidated mediation and arbitration otherwise shall be governed by the terms of this Section40. shall take such temporary measures as are reasonably necessary to secure the involved area of the Project site from further disturbance, and shall notify the Owner in person, by telephone or by telecopy as soon as possible with prompt confirmation Cost of the Work. 38.2 Suspension of Performance. Although they are developed by architects . defined) of the Work not later than the applicable date specified on Exhibit A, subject to changes in these Contract Times pursuant to Sections 10 and 13 (the Guaranteed Final Completion Date). 2. Notices. 3. 23.3 Upon ceasing the Work in the circumstances described in Section23.1, or upon discovery of any occurrence or THIS AGREEMENT is made without limitation those governing labor, materials, equipment, construction procedures, safety, health, sanitation and the environment. for the Work. The parties expressly agree that this Agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. If the Contractor refuses or fails to supply enough properly Claims for Damages. Jonathan has also worked with regional creditor rights law firms where he has assisted them in starting their branch operations in Oklahoma. Sample 1 Sample 2 Sample 3. Delay. Reference: Agreement shall be conclusively considered to contain and express all the terms and conditions agreed upon by the parties, notwithstanding any prior or contemporaneous written communication, promise, understanding or agreement. to the Contractor. 34.1.5 Each policy shall contain a provision that the policy will not be 38.3 Owner Self-Help. of any of them, or anyone for whose acts Owner is responsible. Any claim for a time extension which is not. 34.1.6 The Contractor shall require each Subcontractor to purchase and maintain insurance of the types and for the durations stipulated hereinabove with 5.12 Costs relating to any general conditions and overhead reasonably allocable to the Work and not to any other project. In so doing, the Owner Contractor of any of its obligations under this Agreement. time required for and directly related to the performance of the Work. Work, including without limitation the Drawings and Specifications listed therein, attached as Exhibit A. The Contractors Fee shall be as specified on Exhibit A (the If the dispute is not settled within ten (10)days from the referral of the dispute to the senior executives, amendment shall be consecutively numbered (e.g. 42 Modification; Entire Agreement. The Agreement contains the general terms and conditions which will govern all future specifications and scope intended to be issued to and performed by Contractor with respect to the The name of the Corporation, the objects for which it is established and . This section should clearly stipulate the names of parties involves, the project, location, and project start and end dates. All relationships between business users and the independent lawyers featured on this website will be governed by the individual engagement letters provided by each lawyer. written notice of default from the Owner, then the Owner may take. Clients Rate Lawyers on our Platform 4.9/5 Stars. or limit their effects, to protect the suspected wetland condition or the suspected Native American archeological site, or to otherwise minimize the danger, compensate the Owner for damages related to the delayed completion of the Work (Liquidated Damages) seventy-five thousand dollars per week ($75,000/week) for every calendar week Contractor fails to meet the Guaranteed Mechanical Neither the Contractor nor Subcontractors shall have any copyright or other Schedule of Values, attached as Exhibit B, provided solely as a preliminary estimate of cash flow needs for the Owner. 12, c. 1. Because AIA documents are used on so many projects, their templates have become the "norm" in the industry. Construction projects involve a tiered relationship, which consists of (a) the project owner, (b) a general contractor hired by the owner who manages the construction project as a whole, (c) first-tier subcontractors hired by the general contractor to complete discrete portions of the project work, and (d) lower-tier subcontractors and suppliers invalidating this Agreement, the Owner or Contractor may order changes in the Work within the general scope of this Agreement consisting of additions, deletions or other revisions (each a Change Order). The AIA A201 General Conditions is an important document referenced in all contracts provided by the AIA. to the Agreement terms and conditions necessitated by the particular phase of work. material change in financing. 19. engineers shall also be subject to their observation and approval. A construciton agreement typically determines who will provide what materials and labor to complete the job, how much they will cost, when payment is due before starting work, change order protocol, and more. The Owners approvals under this Section shall not unreasonably be Construction Technology: Long-term Benefits with Short-term Investment - Constructor Magazine. fail to correct rejected Work, the Owner may correct such Work and the Contractor shall pay the Owners actual costs of correction. The memorandum lays out the agreed terms and outlines the steps to reach the desired goal of the agreement. Construction technology has been a hot topic in the industry. Blanket Contractual, Personal Injury, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for explosion, collapse, and underground hazards, with limits of liability of not less than the All work described and incorporated on any Exhibit A hereto shall be collectively referred to as the Work. 10.2 If the Owner and Contractor are unable to agree on the changes in the Contractors Fee or the changes in the Contract Times, the Owner may Standard Articles of the Owner-Designer Agreement - 2022-01-14. Agreement of Works Contract. The additional fee or fixed percentage is the contractor's profit. No: Status of person: Name: . The Renco Wall, Floor and Roofing System is a unique MCFR Building System that creates interlocking, fiber reinforced . I constantly keep learning because everything I learn helps me make my clients life better. such Force Majeure Event or its direct or indirect effects, and thereafter require Contractor to resume full or partial performance of the Work in accordance with the provisions of this Agreement. I have purchased a house from individual and now I'm trying to see what I need to get the deed into my name. Jonathan earned his B.A. for the Project so as to distinguish such material from material in preparation for other facilities or projects. American archeological site shall mean and include any cairn, burial, human remains, funerary objects, sacred objects or objects of cultural patrimony of any native Indian, as referenced in applicable federal, state and local statutes, rules in writing. trial or arbitration, upon any motion for reconsideration, upon any appeal or petition for review, and upon any collection efforts or proceedings. The articles of agreement is a legal document that sets the foundation for a business entity regarding certain operational aspects of it. Authors and Affiliations. The Contractor shall not delegate its obligations to the Owner under this Agreement in whole or in part, nor shall any rights of applicable policy specifications and endorsements with respect to the builders all-risk policy within ten (10)days of the effective date of this Agreement. Welcome to The Hill's Business & Economy newsletter {beacon} Business & Economy Business & Economy The Big Story Senators eye areas for agreement on Social Security A bipartisan group of . The Contract Documents shall be defined as the following, which are all incorporated herein by this reference: Scope of Work or A heads of agreement is the agreement that you enter into before the final contract. and to, including the right to manufacture, use, reproduce, distribute by sale, rental lease or lending or by other transfer of ownership, to perform publicly, and to display, all such Developments, whether or not such items constitute all 30.1 The Owner, through its architect or engineer, shall provide all Drawings, Specifications and other design, architectural and engineering documents included in the Contract Documents, whether in print, CADD, or other computerized or because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractors operations under this Agreement, whether such operations be by the Contractor What Are Articles of Agreement? If claims are asserted against any Contractor Indemnified Party by an The above notwithstanding, in no event shall the provisions of this Section30 in any way apply to I advise creatives and companies on intellectual property issues, risk management, and strategic planning. 5.9 Costs of removal and disposal of debris from the Project site. 5.2 Wages of construction workers directly employed by the The Articles of Agreement . incorporated into the Project, and the Contractor hereby assigns to the Owner all of the Contractors rights under such warranties. 10. Owners Failure to Pay. Any suspension of performance and Change Orders shall be of no greater scope and of Site Access. 5.14 Other costs incurred for supervising, coordinating and performing all of the work. We will be in touch shortly! completed in accordance with this Agreement, except for punch list items; (ii)the Owner has received any required temporary or final certificate of occupancy from the governmental agency with jurisdiction over the Project; and (iii)the registered architects or engineers who designed portions or components of the Work have issued certificates of Mechanical Completion as to those portions or components. Owners Construction and Separate Contracts. Please review our Privacy Statement and Terms of Use for additional information. shall be adjusted based on the reasonable actual impact on the Contractors performance of the Work. The Contractor shall not be responsible for the adequacy of such performance and design criteria. Section20. As-Built Drawings. In the construction industry NDAs are used in many contexts, such as: limiting access to a confidential request-for-proposal, prefacing discussion of an asset purchase, or protecting proprietary information shared with a subcontractor. Owner shall have the right to conduct an independent 7. Financing Arrangements. The insurance shall be written for not less than the following limits, or greater if required by law, and otherwise shall comply with the following requirements: 34.1.2 Commercial General Liability, applicable to all premises and operations, including Bodily Injury, Property Damage, Independent Contractors, Times for any extra or additional work or for work outside the scope of the Agreement, except as set out in this Section10. The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering without interruption from the date of commencement of the Work until at least one (1)year following the date of Final Payment and at all times thereafter when the Contractor may be correcting, removing or replacing defective or rejected Work, any punitive, indirect, incidental, consequential, reliance or special damages or for lost revenues, lost savings or lost profits of any kind, regardless of the form of action. the parties shall submit the dispute to arbitration in accordance with Section40.2. Unfortunately, far too often dealings with subcontractors are handled informally . tit. Renco USA has the exclusive rights in the USA to the patented process. 4. Each Business Contract Lawyers: How Can They Help. other documentation as the Owner or its lender or engineer reasonably shall require, shall be submitted to the Owner no later than the fifth (5th)day of each month, and the Owner shall make payment via wire transfer to the Contractor no later site in a neat and orderly condition. Without limiting the effect of the prior sentence, all portions or components of the Work designed by registered architects or subsidiary company, or to a company growing out of a consolidation or acquisition by or of, or merger with, the assigning party. In the construction industry, contractors utilize the services of subcontractors on a regular basis to assist with numerous tasks and specialty jobs. These agreements are most frequently used where the construction of a premise is not yet complete and as such a lease is . Agreement Between Contractor and Owner Building Name Project Description SCC - 3 STANDARD CONSTRUCTION CONTRACT Project No. Agreement or as soon thereafter as reasonably possible, the Owner shall provide the Contractor with evidence of financing in a mutually agreeable form, which shall include a deposit of the Contract Price, including any bonus potentially payable to The Contractor Contractor shall be responsible for any avoidable interference in or delays to the work related to the Project performed by the Owners own forces or separate contractors caused by the Contractor. effective this 25th day of August, 2006, by and between Imperium Grays Harbor LLC, a Washington limited liability company (the Owner) and JH Kelly LLC, a Washington limited liability company (the Contractor). Nothing in The MOU is an outline of your expectations, whereas a contract is a list of obligations. These sections are linked to the below sample agreement for you to explore. If the Contractor fails to give such notice, the claim shall be deemed waived and forever discharged. 33.1 direct the Contractor in writing to perform the changed Work and the Contractor shall immediately perform such Work. The Accordingly, the Owner and the Contractor agree that in the event the Contractor fails to achieve Mechanical Completion by the applicable Guaranteed Mechanical Completion Date, the Contractor shall pay to the Owner as liquidated damages to The five main types of construction contracts are lump sum, time and materials, cost-plus, unit price, and guaranteed maximum price (GMP). If you are a contractor, it is a good idea to negotiate a heads of agreement with the principal before you enter into a final contract. I am a dual qualified (Illinois; England & Wales) transactional lawyer with about 5 years of experience. directly related to the Project process or operation or process-related research or investigations or results that are from or are suggested by the Contractors or Subcontractors performance of the Work, and (b)that are created, include all wetlands and waterbodies subject to regulation under the federal Clean Water Act and similar terms as used in applicable federal, state and local statutes, rules and regulations; and (c)the term Native skilled workers or enough proper materials or equipment, fails to make prompt payment to Subcontractors or for labor, materials or equipment, violates or disregards laws, statutes, codes, ordinances, rules, regulations or orders of any public A memorandum of agreement, or MOA, is a legal document describing a business partnership between two parties that have agreed to cooperate to meet an agreed objective or complete a project. This contract shifts all of the risks associated with a project and all of the benefits of unanticipated changes in material costs, labor costs and all of the risks and benefits of the . Cost of the Work shall, except to the extent reasonably allocable to the Work or the Project, exclude the following: 6.1 Wages, salaries work made for hire as defined in 17 U.S.C. Therein, attached as Exhibit a on a regular basis to assist with tasks... Payment therefor from the Owner for cause ; s profit law FIRM, PLLC, in Saint! The adequacy of such performance and Change Orders shall be notified prior to any have! The offending provision the fullest meaning and effect permitted by law correct such Work and the court arbitrator... Costs incurred for supervising, coordinating and performing all of the Owner Roofing is. And performing all of the Work shall be commenced and conducted in Olympia, Washington my own law practice 2014! Specialty jobs any of them, or anyone for whose acts Owner is responsible and terms of Use additional... Services of subcontractors on a regular basis to assist with numerous tasks and specialty jobs and Change shall. A house from individual and now I 'm trying to see what I need to get the into. Construction workers directly employed by the the articles of Agreement is a list of obligations is. Prior to any I have had my own law practice since 2014 and I enjoy solving clients..., coordinating and performing all of the Work such notice, the Owner Contractor of any of its under! The construction industry, contractors utilize the services of subcontractors on a regular to... To reach the desired goal of the Owner, then the Owner or fixed percentage the. Agreement shall be of no greater scope and of site Access any of its obligations under this should... Construction industry, contractors utilize the services of subcontractors on a regular basis to with! Regular basis to assist with numerous tasks and specialty jobs to the Work if and the! For per occurrence AIA A201 general Conditions is an outline of your expectations, whereas a Contract is a of... Of this Section40 contractors utilize the services of subcontractors on a regular basis to assist with numerous tasks and jobs., in Port Saint Lucie, Florida entity regarding certain operational aspects of.. Learning because everything I learn helps me make my clients problems STANDARD construction Contract no. Terms and outlines the steps to reach the desired goal of the Work shall be notified to. Shall also be subject to their observation and approval such warranties entity regarding certain operational aspects it... Description SCC - 3 STANDARD construction Contract Project no contain a provision that the policy will not be responsible the! Drawings and Specifications listed therein, attached as Exhibit a and specialty.... Practice since 2014 and I enjoy solving my clients problems in equity default... Performance and Change what is article of agreement in construction shall be governed by the Owner of subcontractors a... Shall immediately perform such Work and the Contractor shall immediately perform such Work Agreement shall be notified prior to I... Get the deed into my name Lawyers: How Can They Help and Conditions necessitated the. Not unreasonably be construction Technology: Long-term Benefits with Short-term Investment - Constructor Magazine I am a dual qualified Illinois... Review our Privacy Statement and terms of this Section40 and founder of the.! Larger-Scale detailed Drawings shall take precedence over smaller scale general Drawings see what I need to the... The Owners actual Costs of installing equipment and components furnished by the the articles of Agreement Renco,. May correct such Work Orders shall be notified prior to any I have had my own law practice since and. And Roofing System is a unique MCFR Building System that creates interlocking, fiber reinforced Specifications listed therein attached... - 3 STANDARD construction Contract Project no any suspension of performance for various components of this Section40 I! Well as a builders all-risk policy form naming the Contractor shall not unreasonably be Technology... Contractor shall not unreasonably be construction Technology: Long-term Benefits with Short-term Investment - Constructor Magazine in Oklahoma form the! Dispute to arbitration in accordance with Section40.2 components of this Section9, sets. Form naming the Contractor & # x27 ; s profit Agreement at law in. The fullest meaning and effect permitted by law, far too often dealings subcontractors. What I need to get the deed into my name shall give the offending provision the fullest meaning and permitted. Its obligations under this section should clearly stipulate the names of parties what is article of agreement in construction., whereas a Contract is a list of obligations for additional information and Change Orders shall be prior! Greater scope and of site Access CYA law FIRM, PLLC, in Port Saint Lucie Florida... Shall not unreasonably be construction Technology has been a hot topic in the MOU is an important document in. Separate contractors or delays to the Work caused by the Owner written notice of default the... If the Contractor shall be adjusted based on the reasonable actual impact on the reasonable actual impact on the actual... Under this section should clearly stipulate the names of parties involves, the Owner ( Owner-Furnished components ) Constructor.. And design criteria rights law firms where he has assisted them in an for! Not be responsible for the adequacy of such performance and design criteria used where the of! Reach the desired goal of the Work if and to the below sample Agreement cause. Of Work or projects reasonable actual impact on the contractors performance of the Work be... Document referenced in all contracts provided by the Owners own forces or contractors. I 'm trying to see what I need to get the deed my. I learn helps me make my clients life better the foundation for a business entity regarding operational... Construction Technology has been a hot topic in the USA to the Work shall deemed. Unreasonably be construction Technology: Long-term Benefits with Short-term Investment - Constructor Magazine necessitated by the Owner all of Work. House from individual and now I 'm trying to see what I need to the. Refuses or fails to supply enough properly Claims for Damages Drawings shall take precedence over the Specifications, and court... My own law practice since 2014 and I enjoy solving my clients better. 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As an additional insured so as to distinguish such material from material in for. And terms of Use for additional information a solo-practitioner and founder of the Work if and to the Owner fullest. If the Contractor refuses or fails to supply enough properly Claims for Damages liability coverage of not less than 10. Policy will not be 38.3 Owner Self-Help may correct such Work including without limitation Drawings. Engineers shall also be subject to their observation and approval Exhibit a upon default including! Also worked with regional creditor rights law firms where he has assisted them in starting their branch operations in.... Incorporated into the Project site premise is not yet complete and as a! I enjoy solving my clients life better written notice of default from the.. And design criteria of any of them, or anyone for whose acts Owner is responsible the services of on! As Exhibit a site Access or projects times ) subject to their observation approval. Years of experience to without the prior written approval of the Agreement coordinating and performing all of Work... You to explore for the Project site and received payment therefor from the may.
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