Flushing Library Contract eBook

NYC AGENCY RENOVATION & REHAB CITY OWNED BUILDINGS/STRUCTURES PLA basis, or is otherwise determined to be ~ violation oflaw, or may cause the loss of Program

funding or any New York State Labor Law exemption for all or any part of the Program

Work, such requirement (and/or its application to particular Program Work, as necessary)

shall be rendered, temporarily or permanently, null and void, but where practicable the

Agreement shall remain in full force and effect to the extent allowed by law and to the

extent no funding or exemption is lost). In such event, the Agreement shall remain in effect

for contracts already bid and awarded or in construction only where the Agency and

Contractor voluntarily accepts the Agreement. The parties will enter into negotiations as to

modifications to the Agreement to reflect the court or other action taken and the intent of

the parties for contracts to be let in the future.

SECTION 3. NON-LIABILITY

In the event of an occurrence referenced in Section 1 or Section 2 of this

Article, neither the Agency, the Construction Manager, any Contractor, nor any Union

shall be liable, directly or indirectly, for any action taken, or not taken, to comply with any

court order or injunction, other determination, or in order to maintain funding or a New

York State Labor Law exemption for Program Work. Bid specifications will be issued in

conformance with court orders then in effect and no retroactive payments or other action

will be required if the original court determination is ultimately reversed.

SECTION 4. NON-WAIVER

Nothing in this Article shall be construed as waiving the prohibitions of

Article 7 as to signatory Contractors and signatory Unions.

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Execution Copy 2015-2018

Solicitation and Contract Version - June 2016