TranSystems Corporation - LGM Construction

Agreement, Contractor must return to FedEx the reproducible set of the Plans and Specifications
and all modifications to them and all copies of the Plans and Specifications and all modifications
to them that are in the possession of Contractor, any of its Subcontractors, as defined below, and
any of the directors, officers, agents, employees, or principals of any of them. If FedEx has
furnished an electronic copy of the Plans and Specifications to Contractor, Contractor must also
return one electronic copy to FedEx at that time and must cause all other electronic copies that
are in the possession of Contractor, any of its Subcontractors, and any of the directors, officers,
agents, employees, or principals of any of them to be destroyed.
Section 2.03. Intent of Contract Documents.
The parties expect the Contract Documents
to set forth all materials, appliances, labor and services of every kind necessary for the full and
proper execution of the Work and the terms and conditions of payment for the Work. If,
however, the Contract Documents do not describe in complete detail all items reasonably
required to complete the Work, Contractor nevertheless has the obligation to furnish all items
reasonably required to complete the Work with no increase in the Contractor’s Fee, as defined in
Section 4.01 below. The parties consider the Contract Documents to be one document and,
subject to the provisions of Section 2.05, whatever is called for by any one of the Contract
Documents will be as binding as if called for by all.
Section 2.04. Errors in Contract Documents.
Contractor has closely reviewed the
Contract Documents, is not aware of any material defect or error in the Contract Documents, and
has determined the Contract Documents to be complete, accurate, consistent, coordinated, and
adequate for bidding, costing, pricing and performing the Work. Accordingly, Contractor
represents to FedEx that, to Contractor’s knowledge, Contractor will be able to construct the
Project in accordance with the design reflected by the Contract Documents. If Contractor finds
any error, discrepancy or variance in the Contract Documents, or if Contractor becomes aware
that any portion of the Work violates, or will violate when performed, any law, ordinance, code,
regulation, rule, or other legal requirement (singly, a “Legal Requirement” and collectively,
“Legal Requirements”), it shall notify FedEx before beginning the affected portion of the Work
and FedEx will make any correction, interpretation or clarification promptly, basing its decision
on the intent of the Contract Documents. If, without having provided that notification,
Contractor performs any part of the Work that Contractor knew or should have known an error,
discrepancy or conflict in the Contract Documents affected, Contractor shall make at its expense
any change in the Work that becomes necessary to make the Work consistent with the correction,
interpretation or clarification that FedEx makes in accordance with the foregoing provisions of
this Section 2.04. The parties will resolve any dispute that arises regarding any correction,
interpretation or clarification that FedEx makes on the authority of this Section 2.04 in
accordance with the procedures set forth in Article 26.
Section 2.05. Conflicts
. If a conflict occurs between this Agreement and any other
Contract Document, this Agreement will prevail. The most recently issued and approved
Contract Document will take precedence over previous issues of the same Contract Document. If
any conflict or inconsistency occurs among the Contract Documents, the parties will interpret the
Contract Documents in accordance with the following order of priority:
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