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3-111 | EPC Template
Authorizations; (d) respond to requests for access to off site support facilities and other
assistance; and (e) resolve all differences and Disputes in a timely fashion.
16.3 Severability. Every part, term or provision of the Agreement is severable from
others. Notwithstanding any possible future finding by duly constituted authority that a
particular part, term or provision is invalid, void or unenforceable (but subject to the
effect of the Parties’ agreements in Section 5.3 and Article 14), the Agreement has been
made with the clear intention that the validity and enforceability of the remaining parts,
terms and provisions shall not be affected thereby.
16.4 Survival. All representations and warranties, and all agreements by the parties in
this Agreement to indemnify each other shall survive the termination of this Agreement.
The termination of this Agreement shall not limit or otherwise affect the respective rights
and obligations of the Parties which accrued prior to the date of termination, and which
continue to exist following the termination of this Agreement.
16.5 Technical or Trade Usage. When words that have a well-known technical or trade
meaning are used to describe materials, equipment or services, such words will be
interpreted in accordance with such meaning. Reference to such standard specifications,
manuals, or codes of any technical society, organization or association, or to the code of
any governmental authority, whether such references be specific or by implication, shall
mean the latest standard specification, manual or code (whether or not specifically
incorporated by reference in the contract documents). Performance shall conform to the
standards in effect at the time of performance and may change the duties and
responsibilities of Contractor or Owner, or any of their agents, consultants, or employees
from those set forth in the Agreement.
16.6 Amendments and Waivers. This Agreement may be amended only by a written
instrument signed by a duly authorized representative of each Party. The failure of any
Party to insist on one or more occasions upon strict performance of the obligations owed
it by the other parties shall not waive or release such party’s right to insist on strict
performance of such obligation or any other obligation in the future.
16.7 Notices. Except as expressly provided otherwise in this Agreement, all notices
given to any of the Parties pursuant to or in connection with this Agreement shall be in
writing, shall be delivered by hand, by certified or registered mail, return receipt
requested, by facsimile transmission with confirmation, or by Federal Express, Express
Mail, or other nationally recognized overnight carrier. Notices are effective when
received. Notice addresses are as follows:
If to Contractor:
Contractor
Address And Street
City, State, Country (Postal Code)
Attention: Name