11831 AIRPORT RD WHOLE SITE FILE 2020-01-21

(C) Community Transit has, in writing, revoked the Government's assumption of risk for loss, damage, destruction, or theft, due to a determination that the Contractor's property management practices are inadequate, and/or present an undue risk to Community Transit, and the Contractor failed to take timely corrective action. If the Contractor can establish by clear and convincing evidence that the loss, damage, destruction, or theft of Government property occurred while the Contractor had adequate property management practices or the loss, damage, destruction, or theft of Government property did not result from the Contractor's failure to maintain adequate property management practices, the Contractor shall not be held liable. (1) The Contractor shall take all reasonable actions necessary to protect the Government property from further loss, damage, destruction, or theft. The Contractor shall separate the damaged and undamaged Government property, place all the affected Government property in the best possible order, and take such other action as Community Transit directs. (2) The Contractor shall do nothing to prejudice Community Transit's rights to recover against third parties for any loss, damage, destruction, or theft of Government property. (3) Upon the request of Community Transit, the Contractor shall, at the Community Transit's expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of instruments of assignment in favor of Community Transit in obtaining recovery. Equitable adjustment: Equitable adjustments shall be made in accordance with Section 1-09.4 of the Specifications. The right to an equitable adjustment shall be the Contractor's exclusive remedy and Community Transit shall not be liable to suit for breach of contract for the following: (A) Any delay in delivery of Government-furnished property. (B) Delivery of Government-furnished property in a condition not suitable for its intended use. (C) An increase, decrease, or substitution of Government-furnished property. (D) Failure to repair or replace Government property for which the Government is responsible. Use of Government property The Contractor shall use Government-furnished property, received under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Community Transit.The Contractor shall not modify, cannibalize, or make alterations to Government property unless this contract specifically identifies the modifications, alterations or improvements as work to be performed. The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The Contractor shall promptly disclose and report Government property in its possession that is excess to contract performance. Unless otherwise authorized in this contract or by Community Transit the Contractor shall not commingle Government property with property not owned by the government. Swift Green Line—Corridor Stations Special Provisions SP35 May 2017