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� , . r <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. <br /> � <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 <br /> tY P P <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. <br /> � <br /> 4 <br />� �� <br />