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4.2 The Contractor, for and on behalf of itself, its parent corporation and their
<br /> subcontractors, suppliers and any other person or entity supplying work or materials to
<br /> the RFCS Project through them, forever and unconditionally releases and forever
<br /> discharges the Agencies, each of them and their respective officials, employees,
<br /> contractors and agents, from any and all Claims, known or unknown, arising out of, or
<br /> related to, this Contract Change Agreement#3, its Attachments, the Schedule Change
<br /> included therein, and any actual or constructive changes that occurred or began prior to
<br /> the date of this Change Agreement. Without limiting the foregoing, this release and
<br /> discharge shall include Claims for adjustment of time and compensation asserting that
<br /> the Schedule Change caused or contributed to Damages. Provided, however, this
<br /> release and discharge does not apply to Claims based on a Future Delay.
<br /> Notwithstanding the Contractor's release of Claims as provided herein, in the event the
<br /> Agencies do not execute a release and assert their Claims, as described in Section 4.5,
<br /> the Contractor, for and on behalf of itself, its parent corporation and their
<br /> subcontractors, suppliers and any other person or entity supplying work or materials to
<br /> the RFCS Project through them, reserves the right to use Agency-Caused Past Delays
<br /> as offsets and/or defenses against any such Agency Claims, but agrees that Contractor
<br /> may not obtain a net judgment based on such offsets and/or defenses.
<br /> 4.3 The Contractor is responsible for negotiating and satisfying any and all
<br /> subcontractor claims arising out of the Schedule Change on a full and final basis and
<br /> shall defend, indemnify and hold harmless the Agencies from all such claims.
<br /> 4.4 As provided in the Contract, the Agencies' approval of the New Project Schedule
<br /> shall not constitute approval or acceptance of the Contractor's means, methods,
<br /> sequencing, logic, order, precedence and succession of activities or Contractor's ability
<br /> to complete the Work in a timely manner. This release and discharge does not apply to,
<br /> and the Contractor remains responsible for, any mistakes, errors or omissions in any
<br /> schedule, including, but not limited to, mistakes, errors or omissions of logic, order,
<br /> precedence, and duration, except to the extent that any such mistakes, errors or
<br /> omissions arise from information provided by the Agencies and except to the extent
<br /> Contractor's performance is otherwise excused under the terms of the Contact.
<br /> 4.5 The Agencies hereby reserve all Claims, rights and remedies they may have
<br /> under the Contract or at law except to the extent provided in any previous written waiver
<br /> and release. Provided, however, if the Contractor has done all things necessary to be
<br /> issued a Notice of Apparent Completion (NAC) for the completion of Full System
<br /> Acceptance by August 21, 2009, or such longer date resulting from agency-caused
<br /> delay or a signed Change Order, the Agencies shall execute a release of any Claims
<br /> they may have against the Contractor arising out of, or related to, this Change
<br /> Agreement, its Attachments, and the Schedule Change included therein. In any event,
<br /> however, said release and discharge would not apply to Claims based on a Future
<br /> Delay.
<br /> 4.6 Except as provided in Section 4.2, nothing in this Change Agreement shall be
<br /> construed as a waiver, release or discharge of any party's rights under the Contract or
<br /> at law with regard to another party's performance of its obligations under the Contract.
<br /> Contract Change Agreement#3 4
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