TranSystems Corporation - LGM Construction

perform the Work in the State and locality in which the Site is located, (iii) it is qualified, willing
and able to perform the Work, and (iv) it has the expertise and ability to provide Services and
Materials that will meet FedEx’s objectives and requirements and that will comply with all
applicable Legal Requirements.
Section 10.06. Utilities.
As part of the Work, Contractor must provide and pay for all
utility services required for the performance of the Work. FedEx will provide water, gas and
electrical power for use in the Work only to the extent of the capacity of the utility system
infrastructure in place as of the date on which Contractor commences the Work. As part of the
Work, Contractor must provide and pay for connections to and extensions from that
infrastructure and for the means of distributing those utility services within the Site during the
performance of the Work. Contractor must, however, pay for all utility consumption charges that
are attributable to water that is wasted or expended without proper regard for ecological and
conservation considerations, the use of electric heating devices, and utility services used within
Contractor’s field offices.
Section 10.07. Cutting and Patching.
Contractor shall do in accordance with the Contract
Documents all necessary cutting, fitting and patching of the Work that may be required to make
the several parts come together properly and fit the Work to receive or to be received by work of
Separate Contractors shown upon, or reasonably implied by, the Contract Documents. In laying
out the Work, Contractor shall examine the work installed by Separate Contractors and the shop
drawings of work to be installed by Separate Contractors prior to beginning the installation of the
Work. By beginning the installation of an element of the Work, Contractor conclusively accepts
all preceding work as suitable and proper to receive that element of the Work unless it gives
written notice to FedEx to the contrary before beginning that installation. If Contractor and a
Separate Contractor fail to agree as to the extent of cooperation to be exhibited, or of work to be
done by either, to ensure the carrying out of their respective agreements, FedEx’s Representative
(as defined below in Section 11.01) will resolve the disagreement and his or her decision will be
final and bind all parties.
ARTICLE 11
FEDEX'S REPRESENTATIVE
Section 11.01. FedEx's Representative. In its Notice to Proceed, FedEx shall designate its
representative for the Work ("FedEx's Representative"). FedEx's Representative will have full
authority to stop the Work whenever, in his or her best judgment, the stoppage may be necessary
to ensure the proper execution of the Work. FedEx's Representative will have authority to reject
any Work that does not conform to the requirements of this Agreement or the other Contract
Documents and to decide questions that arise during the performance of the Work. FedEx's
Representative will also designate in writing all persons in FedEx's employ, who are authorized
to have access to the Site. FedEx has the right to replace its Representative at any time and for
any reason. Contractor may not accept direction, nor permit any of its Subcontractors to accept
direction, from any FedEx employee other than FedEx’s Representative and the FedEx
employees that FedEx’s Representative specifically designates by written notice to Contractor.
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