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<br /> (r� ARTICLE 12
<br /> ' WORK BY OWNER OR BY SEPARATE CONTRACTORS
<br /> '12.1 The Owner reserves the right to perform work related to the Project with his own forces,and to award Separate Contractors in
<br /> connection with other portions of the Project or other work on the site. If the Contractor claims that delay or additional cost
<br /> is involved because of such action of the Owner,he shall make such daim in the form of a Change Order to the Owner.
<br /> 12.2 The Contractor shall afford the Owner and Separate Contractoi's reasonable opportunity for the introdu�tion and storage of
<br /> their materials and equipment and the execution of their work,and shall connect and coordinate his Work with theirs as
<br /> required by the Contract Documents.
<br /> 12.3 Any costs caused by defective or ill timed work shall be bome by the party responsible therefore.
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<br /> ARTICLE 73
<br /> MISCELLANEOUS PROVISIONS
<br /> 13.1 The Contract shall be govemed by the law of the pface where the Project is located.
<br /> 93.2 In all daims or disputes between the Contractor and the Owne�arising out of,or relating to,the Contract Documents or the
<br /> breach thereof,the legal fees are to be bome by the party in breach of cflntract.
<br /> 13.3 If a dispute between the Contractor and the Owner arising out of,or relating to,the Contract Documents or breach thereof,
<br /> is decided by an Arbitration Assoaation,the awarded rendered by the arbitrators shall be final and judgment may be entered
<br /> upon it in accordance with applicable law in any court having jSrisdiction thereof.
<br /> ARTICLE 14
<br /> TIME
<br /> 14.1 All Time limits stated in the Contract Documents are of the ess i nce of the Contract. The Contractor shall expedite the Work
<br /> and achieve substantial oompletion within the Contract Time.
<br /> 14.2 The Date of Substan6a1 Completion of the Work is the Date of Approval by the building department for the items covered under
<br /> the Contract Documents(only items included in Quotation Form).
<br /> 14.3 If the Contractor is delayed at any time in the progress of the Work by changes ordered in the Work,by labor disputes,fire,
<br /> unusual delay in transportation,delays caused by govemmental agencies,adverse weather conditions,unavoidable casualties,
<br /> ���� or any�causes beyond the Contractor's control,then the Contract Time shall be extended for a reasonable time.
<br /> •, ARTICLE 15 1
<br /> � PAYMENTS AND COMPLETION
<br /> 15.1 Payments shall be made as provided in Artide 4 and Article 5 of the Agreement.
<br /> 15.2 Payments may be withheld on acxount of(1)defective work not�remedied,(2)claims filed,(3)failure of the Contractor to make
<br /> -- payments properly to Subcontraotors or for labor, materials,or equipment, (4)damage to the Owner or another contractor,or
<br /> (5)persistent failure to carry out the Work in acc:ordance with the Contract Documents.
<br />' 15.3 Final payment shall not be due until the Contractor has deliveretl to the Owner a complete release of all liens arising out of the
<br /> Contract or receipts in full covering all labor,materials and equipment for which a lien could be filed. If any lien remains un-
<br /> satisfied after all payments are made,the Contractor shall refund to the Owner all monies the latter may be compelled to pay in
<br /> discharging such lien,including all costs and reasonable attorney's fees.
<br /> 15.4 The making of final payments shall constitute a waiver of all claims by the Owner except those arising from(1)unsettled liens,
<br /> (2)faulty or defecfive Work appearing after Substantial Completion,(3)failure of the Work to comply with the requirements of
<br /> the Contract Documents,or(4)terms of any special warranties�equired by the Contract Documents. The acceptance of final
<br /> payment shall constitute a waiver of all claims by the Contraetor�except those previously made in writing and identified by the
<br /> Contractor as unsettled at the time of the final Appliption for Payment.
<br /> ARTICLE 16
<br /> PROTECTION OF PER NS AND PROPERTY
<br /> 16.1 The Contractor shall be responsible for ini6ating, maintaining,and supervision all safety precautions and programs in connection
<br />� H s II take al r '
<br /> with the Work. e ha I easonable precautions for the safe of,and shall rovide all reasonable protection to revent
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<br />' damage,injury of loss to(1)atl employees on the Work and other persons who may be affected thereby, (2)all the Work and all
<br /> materials and equipment to be incorporated therein,and(3)other property at the site or adjacent thereto. He shaU give all notices
<br />' and comply with all applicable laws,ordinances,rules,regulations and orders of any public authoriry bearing on the safety of
<br /> persons and property and their protection from damage,injury or'loss_ The Contractor shall promptly remedy all damage or loss
<br /> to any property caused in whole or in part by the Contractor,and Subcontractor or anyone directly or indirecUy employed by any
<br /> of them,or by anyone for whose acts any of them may be liable,l except damage or loss attributable to the acts or omissions of
<br /> , � the Owner or anyone directly or indirectly employed by the Owner or by anyone for whose acts the Owner may be liable,and not
<br /> attributable to the fault or negligence of the Contractor.
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