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TranSystems Corporation - LGM Construction

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infringement and the costs of defending claims and suits initiated because of such infringement<br />

arise because FedEx specifies a particular process or product of a particular manufacturer in the<br />

Contract Documents and the infringement was unknown to Contractor.<br />

Section 22.04. Survival of Indemnities.<br />

The indemnities set forth in this Article 22 will<br />

survive the making of Final Payment or any earlier termination of this Agreement.<br />

ARTICLE 23<br />

FEDEX'S RIGHT TO OCCUPY<br />

Section 23.01. Early Occupancy by FedEx.<br />

FedEx reserves the right to occupy or use<br />

ahead of schedule any substantially completed or partially completed portion of the Work when<br />

such occupancy and use are in its best interest. If FedEx's occupancy or use increases the costs<br />

Contractor and its Subcontractors reasonably incur in the performance of the Work (other than<br />

for corrections that are Contractor's responsibility) or delays the Work’s completion, the parties<br />

will adjust the Contractor’s Fee, and the Substantial Completion Date, as appropriate, by means<br />

of Change Orders. Contractor must make written claims for adjustment of the Contractor’s Fee,<br />

and the Substantial Completion Date within seven calendar days after the date of FedEx's written<br />

notification to Contractor of its intent to occupy or use portions of the Work.<br />

Section 23.02. Corrections After Occupancy.<br />

After FedEx occupies any substantially<br />

completed portion of the Work, Contractor may not disrupt FedEx's occupancy to make<br />

corrections in the Work, for which Contractor is responsible, but must make such corrections at<br />

Contractor's expense after FedEx's normal working hours, if FedEx requires such scheduling.<br />

ARTICLE 24<br />

COMPLIANCE WITH LAWS<br />

Section 24.01. Compliance with Laws.<br />

(a) To the extent applicable to it, Contractor shall<br />

comply with the affirmative action requirements applicable to contracts with government<br />

contractors as set forth in Title 41 of the Code of Federal Regulations and the Immigration and<br />

Reform Act of 1986.<br />

(b) Contractor shall employ, and shall permit its Subcontractors to employ, only persons<br />

who are legally authorized to work in the United States and to have, and to cause its<br />

Subcontractors to have, an I-9 employment authorization form, if required, for each person they<br />

respectively employ.<br />

(c) Contractor shall give all notices, and timely provide all reports, required by, and shall<br />

comply with, all laws, ordinances, rules, regulations and orders that any public authority having<br />

jurisdiction over Contractor, the Work or the Site (including, without limitation, Landlord) may<br />

enact, promulgate or issue and with respect to which compliance is necessary in order for<br />

performance of the Work to be lawful. Contractor shall also fully and punctually perform the<br />

obligations, or observe the restrictions, set forth in the attached Exhibit H.<br />

51

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