General Requirements and Covenants (2)

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• • • 7.9 PERS_ AL LIABILITY O . LiC OFFICIALS - In carrying out any of the above provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon said Engineer or his authorized assistants, either personally or as an official of the County it being under- stood that in such matters, he acts as the agent and representative of the County. 7.10 NO WAIVER OF LEGAL RIGHTS - The Engineer shall not be precluded or estopped by any measurements, estimate or certificate made either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that the work or materials do not conform in fact to the contract. The Engineer shall not be precluded or estopped, notwith- standing any such measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his sureties such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the Engineer or any representative of the Engineer, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the Engineer shall operate as a waiver of any portion of the contract, or of any power herein reserved, or any right to.'damage herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. 2a,,11 PROPERTY RIGHTS IN MATERIALS - It is further agreed that nothing in these specifications or contract shall be construed as vesting in the Contractor any right to the materials used after they have been attached or affixed to the work. 2. INSURANCE - The Contractor shall not commence any work under contract until he has obtained from responsible insurance companies all insurance as required herein, and the Contractor shall, maintain this insurance in full force and effect until the work to be performed has been accepted by the Engineer. These policies shall be executed and delivered to the Chief Engineer. (a) Builders Risk 1. New Buildings - The Contractor shall take out a policy of builder4s risk insurance, for the full unsurable value of the insurable improvements of the project from a company licensed to do business in the State of Hawaii, naming the Department as co-insured under each policy, covering all 'work, labor and materials furnished by such Contractor and all his subcontractors against loss by fire, wind, storm, lightning, explosion and other perils included in='the standard broad form of extended coverage. 2. Buildi.nc Renovation Contract - The Contractor shall take out insurance in:the amount equivalent to the contract amount, with the Department named as co-insured under each policy, covering all work, labor and Section 7 Page 35