Exhibit B
Boeing Shared Services Group
State Supplement for Illinois
(Supplement to the Boeing SSG Construction General Provisions)
When Contractor is performing Work for a project locatedin the State of Illinois, and if a court determines that Illinois law applies to any of the replaced paragraphs noted below, then Contractor agrees to adhere to the following additional terms and conditions, which (if Illinois law applies) shall supersede and have priority over any inconsistent or conflicting terms or provisions contained in the Boeing Shared Services Group (SSG) Construction General Provisions.
1.Definitions
The capitalized terms used but not defined herein shall have the meaning set forth in the Boeing SSG Construction General Provisions.
The definition of "Regulated Waste" is modified to replace "WashingtonState dangerous waste" with "Illinois hazardous waste."
2.RESPONSIBILITY FOR DAMAGES
Paragraph 4.15.1 (Indemnification – Negligence of Contractor or Subcontractor) of the Boeing SSG Construction General Provisions is hereby amended to replace the second to lastsentence with the following:
In construing the foregoing,Contractor is not required to indemnify and hold harmless Boeing from Boeing's own negligence.
Paragraph 4.15.1 shall also include at the end of the paragraph the following additional sentence:
In the event that the scope of the indemnity is determined to be unenforceable, the parties agree that the indemnity shall be revised and made enforceable to the extent allowed by law.
3.lienS
A new Paragraph 4.6.3shall be added to the Boeing SSG Construction General Provisions as follows:
4.6.3. Contractor's Statement of Parties. It shall be the duty of the Contractor to give Boeing, and the duty of Boeing to require of the Contractor, before Boeing or its agent, architect, or superintendent shall pay or cause to be paid to the Contractor or to its order any moneys or other consideration due or to become due to the Contractor, or make or cause to be made to the Contractor any advancement of any moneys or any other consideration, a statement in writing, under oath or verified by affidavit, of the names and addresses of all parties furnishing labor, services, material, fixtures, apparatus or machinery, forms or form work and of the amounts due or to become due to each. Merchants and dealers in materials only shall not be required to make statements required in this Paragraph.
4.PAYMENTS
Paragraph 4.6.1.2 (Net 90 Days) of the Boeing SSG Construction General Provisions is hereby deleted and a new Paragraph 4.6.1.2 is added as follows:
4.6.1.2 Timing of Payment. If Contractor has performed in accordance with the provisions of the Contract and its payment application has been approved by Boeing or Boeing's agent, Boeing shall pay the amount due to the Contractor pursuant to the payment application not more than fifteen (15) calendar days after the approval. The payment application shall be deemed approved twenty-five (25) days after Boeing receives it unless Boeing provides, before the end of the twenty-five (25)-day period, a written statement of the amount withheld and the reason for withholding payment. If Boeing finds that a portion of the work is not in accordance with the Contract, payment may be withheld for the reasonable value of that portion only. Payment shall be made for any portion of the Contract for which the work has been performed in accordance with the provisions of the Contract. Instructions or notification from Boeing to its lender or architect to process or pay a payment application does not constitute approval of the payment application.
END OF SUPPLEMENT
Page 1 of 2
State Supplement for Illinois
Rev. 09/16