TranSystems Corporation - LGM Construction

Contractor shall provide and furnish all materials, supplies, apparatus, appliances, equipment,
fixtures, tools, implements and other facilities (the "Materials") and all labor, management,
supervision, construction scheduling, procurement scheduling, contract administration,
accounting, project documentation and reporting, quality control and safety programming,
financing, transportation, utilities, storage, testing, construction site security and other services
(the "Services") as and when required in connection with the foregoing undertaking. When used
in this Agreement, the term "Work" means the furnishing of the Materials and Services.
Section 1.02. Nature of Relationship.
Although the relationship of Contractor to FedEx is
that of an independent contractor, the parties recognize the relationship of mutual trust and
confidence established by this Agreement, and Contractor shall furnish its best skill and
judgment and shall cooperate with FedEx’s other consultants and contractors in furthering
FedEx’s interests. Subject to the express limitations contained in the Contract Documents,
Contractor shall furnish efficient business administration and construction management and shall
use every reasonable effort, and do all things necessary, to perform the Work in an expeditious
and economical manner consistent with good workmanship and quality, sound business practice
and FedEx’s best interests.
ARTICLE 2
CONTRACT DOCUMENTS
Section 2.01. Definition.
The Contract Documents include this Agreement, the Plans and
Specifications, all Addenda issued prior to execution of this Agreement, and all exhibits or
modifications to any of them. As used in this Agreement, a "modification" is:
(i) a written amendment to this Agreement that FedEx and Contractor
sign;
(ii) a Change Order, as defined in this Agreement;
(iii) a Construction Change Directive, as defined in this Agreement;
(iv) a written interpretation of this Agreement that FedEx issues; or
(v) a written order for a change in the Work that FedEx issues.
Section 2.02. Identification of Plans and Specifications. Contemporaneously with the
execution of this Agreement, the parties have caused their respective representatives to initial
four sets of the Plans and Specifications. FedEx has furnished to Contractor a reproducible set of
the Plans and Specifications. Contractor must make any additional sets of the Plans and
Specifications that it requires to perform the Work from that reproducible set at its expense. At
Contractor’s request, FedEx shall furnish to Contractor one set of the Plans and Specifications on
an electronic medium, if they are available in such a medium. Contractor shall make any
additional electronic copies of the Plans and Specifications it requires to perform the Work at its
expense. Upon Final Acceptance, as defined in Section 4.10, or any earlier termination of this
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