Ujamaa Construction Contract - Chicago Park District

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limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Workers' Compensation or Disability Benefit Acts or Employee Benefit Acts. 5. To keep in force, to the satisfaction of the Park District, at all times during the performance of any work, all insurance required by the RFQ. 6. To call to the attention of the Park District any conflict between the terms of this Master Contract, the RFQ and any Project-specific Contract. 7. To honor the exercise, by the Park District in the sole discretion of the Park District, any and all options to extend this Master Contract for an additional one year period. 8. To promptly bring to the attention of the District any material change in the facts, circumstances or representations made to the District in response to the RFQ. 9. To promptly furnish any affidavit or Certificate in connection with the work covered by this agreement as required by law. 10. That Contractor is not entitled to any extension of this Master Contract. 11. That Contractor is not entitled to any damages due to the termination of this Master Contract, whether for cause or convenience, by the District. 12. That all data and information provided or submitted to Contractor by the Park District (“Park District Data”) and all confidential information are and shall remain property of the Park District. Contractor and its employees, agents and subcontractors and their employees and agents shall not: 1) use the Park District Data other than in connection with the performance of the Services; 2) disclose, sell, assign, lease or otherwise provide the Park District Data to third parties; or 3) commercially exploit the Park District Data. 13. That in connection with signing and carrying out the Master Contract, Contractor represents and warrants to the Park District that: a. Contractor is appropriately licensed under Illinois law to perform the Services required under any Project-specific Contract and will perform no Service for which a professional license is required by law and for which Contractor is not appropriately licensed. b. Contractor is competent to perform the Services and will provide experienced personnel to carry out the Services in a timely fashion. c. Contractor is financially solvent; it and each of its employees, agents and subcontractors of any tier are competent to perform the Services required under any Project – specific Contract; and Contractor is legally authorized to execute and perform or cause to be performed the Master Contract under the terms and conditions stated in the Master Contract. 3
d. Contractor acknowledges that any certification, affidavit or acknowledgment made under oath in connection with the Master Contract is made under penalty of perjury and, if false, is also cause for termination under the events of default and early termination provisions in the RFQ. 14. That notices, requests or documents sent pursuant to this Master Contract will be sent to the addresses and persons set forth below. All notices, requests or documents are deemed received when (i) delivered personally, (ii) one day after deposit with a commercial express courier specifying next day delivery, with written verification of receipt, or (iii) three days after the date of mailing when sent by registered or certified mail, return receipt requested. All notices, requests or documents directed to Park District will be sent to it as follows: Chicago Park District 541 N. Fairbanks Court Chicago, Illinois 60611 Attention: General Superintendent With a copies to: Chicago Park District 541 N. Fairbanks Court Chicago, Illinois 60611 Attention: Department of Purchasing Chicago Park District 541 N. Fairbanks Court Chicago, Illinois 60611 Attn: General Counsel All notices, requests or documents directed to Contractor will be sent to it as follows: Ujamaa Construction, Inc. 400 W. 76 th Street, Suite 320 Chicago, Illinois 60620 Attn: President 15. That this Master Contract will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to the principles of conflicts of law thereof. If there is a lawsuit under this Master Contract, each Party hereto agrees to submit to the jurisdiction of the courts of Cook County in the State of Illinois. 16. That the Master Contract not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between Contractor and the Park District. 4
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Ujamaa Construction Contract - Chicago Park District

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