Specs

Bridgestone Retail Operations, LLC
PROJECT MANUAL
Version: January 2012
Neither this Contract nor any interests therein shall be assigned or transferred by Contractor, nor shall any
part of the Work be subcontracted, without Owner’s written consent; provided, however, that where the applicable
Laws include Section 9-318 of the Uniform Commercial Code, Owner’s prior written approval shall not be required
for assignments of accounts.
Owner may assign this Contract, in whole or in part, or any or all of its rights or obligations under this
Contract, without the consent of Contractor. If written consent for subcontracting is granted by Owner, Contractor
agrees that it is responsible for ensuring that all Subcontractors maintain those insurance coverages specified in
Section 11 (or as amended in writing by Owner). Contractor hereby agrees that it will indemnify, hold harmless and
defend Owner pursuant to Section 11 of these Standard General Conditions should any such Subcontractors fail to
maintain the required insurance coverages.
16. SIMULTANEOUS WORK BY OTHERS. Owner shall have the right to perform or have performed
such other work as Owner may desire in, about, or near the Premises during the performance of the Work by
Contractor, and to purchase materials in connection with the Work (“Separate Contractors”). Contractor shall
afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution
of their Work, and shall properly connect and coordinate its Work with theirs.
If any part of Contractor’s Work depends, for proper execution or results, upon the Work of any other
contractor, Contractor shall inspect and promptly report to Owner any defects in the Work that render it unsuitable
for such proper execution and results. Contractor’s failure to inspect and report shall constitute an acceptance of the
other contractor’s work as fit and proper for the reception and implementation of Contractor’s Work, except as to
defects which may subsequently develop in the other contractor’s work after the execution of the Work. To insure
the proper execution of its subsequent Work, Contractor shall measure Work already in place and shall at once
report to Owner any discrepancy between the executed Work and the drawings.
Owner reserves the right to assign the contracts of any Separate Contractors (“Separate Contracts”) to
Contractor and to make such Separate Contracts a part of Contractor’s obligations under this Contract. The
Contractor hereby consents to any such assignment. Upon assignment, Owner shall be relieved of all obligations
under such Separate Contracts and the Separate Contractors will be deemed Subcontractors in accordance with the
terms of this Contract.
17. LIENS.
A. Waivers of Lien. Contractor shall, from time to time at Owner’s request and in any event prior to any
partial payment and final payment, furnish to Owner such lien waivers and sworn statements (in the form attached as
Exhibit H of the Contract hereto or other form approved by Owner) or other evidence as may be necessary to
establish, to the reasonable satisfaction of Owner, that no lien against the Work or the Premises held by Owner
exists in favor of any Subcontractors or any person whatsoever for or by reason of any equipment, material,
supplies, or other item furnished, labor performed, or other thing done in connection with the Work or this Contract
(“Lien”) and that no right to file any Lien exists in favor of any person whatsoever.
B. Removal of Liens. If at any time any notice of any Lien is filed, then Contractor shall, promptly and
without charge, discharge, remove, or otherwise dispose of such Lien. Until such discharge, removal, or disposition,
Owner shall have the right to retain from any money payable hereunder an amount that Owner, in its sole judgment,
deems necessary to satisfy such Lien and to pay the costs and expenses, including attorneys’ fees and administrative
expenses, of any actions brought in connection therewith or by reason thereof. Contractor may, if any Subcontractor
refuses to furnish a waiver of right of lien in full, furnish a bond satisfactory to Owner, to indemnify against any
potential lien. If any lien remains unsatisfied after all payments under this Contract are made, Contractor shall pay
to Owner upon demand all money that the latter may be compelled to pay in discharging such lien, including all
costs and expenses, including attorneys’ fees and administrative expenses.
18. PAYMENTS.
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