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TranSystems Corporation - LGM Construction

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CONSTRUCTION AGREEMENT<br />

THIS CONSTRUCTION AGREEMENT is made the<br />

Contract No. ________<br />

day of ____________, _____ (the<br />

“Effective Date”), between FEDERAL EXPRESS CORPORATION ("FedEx") and<br />

_____________________________ (___________ License Number: ______) ("Contractor").<br />

RECITALS<br />

1. FedEx intends to construct one (1) security screening building, one (1) back up<br />

generator building, install one truck dispatch/security booth and provide road improvements to<br />

Sally Ride Way (the "Project") at a site located at 1 Sally Ride Way in Alameda County,<br />

California. The site (the "Site") of the Project is described in the site plans included as part of the<br />

drawings and specifications described in Exhibit A-1.<br />

2. By Lease dated June 1, 2000, as supplemented by a First Supplemental Agreement<br />

dated April 1, 2007 and an Amended and Restated Lease dated April 1, 2009 (collectively, the<br />

"Lease") the City of Oakland, a municipal corporation ("Landlord"), leases the Site to FedEx and<br />

allows construction of certain improvements on the Site.<br />

3. FedEx desires the services of a contractor to organize, coordinate and direct the<br />

complete construction of the Project.<br />

4. Contractor desires to enter into this Agreement as an independent contractor and is<br />

ready, willing and able to provide the services and to perform the construction work required in<br />

connection with the Project in accordance with the terms and subject to the conditions of this<br />

Agreement.<br />

FOR AND IN CONSIDERATION of the mutual covenants contained in this Agreement,<br />

FedEx and Contractor (the "parties") agree as follows:<br />

ARTICLE 1<br />

SCOPE OF SERVICES<br />

Section 1.01. Scope of Services. Subject to and in accordance with the terms of this<br />

Agreement, Contractor shall construct, equip and furnish the Project for FedEx on the Site. The<br />

Project is described in general terms in the attached Exhibit A- and is described in more detail or<br />

is reasonably inferable from the drawings and specifications (the "Plans and Specifications") that<br />

are described in the attached Exhibit A. Unless otherwise provided in the Contract Documents,

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