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, \ ..,) \ \. \. ": not it is caused in part by a party in(mnified hereunder. In any and all c1aims~ainSl Owner ~;. any of ils employees by any employee of Contractor, any Subcontractor, anyone directly or indirectly employed by an ~r ~ny~ne for whose acts. a~y <?f them may be liable, the indemnification obligation under this paragraph sh !tmIted In any way by any !tmltatlOn on the amount or type of damages, compensation or benefits payable by or for ( or any SUbcontractor under worker's compensation acts, disability benefit acts or other employee benefit acts. The a of Contractor under this paragraph shall not extend to the liability of Owner, its agents or employees arising I the preparation of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) j of, or the failure to give, directions or instructions provided such giving or failure to give is the primary cat injury or damage. , 3. II Contractor shall submit for approval a certificate of Substantial Completion when the work is sufficiently so that Owner can occupy or utilize the work for its intended use, and an application for final payment when has been totally finished. 3.12 Contractor warrants that no gift or gratuity or any promise of gift or gratuity, has been given, offered to, or for the benefit of any employee or agent of Owner for the purpose of influencing the selection of Co Furthermore, Contractor certifies that no gift or gratuity or any promise of a gift or gratuity will be offered to, or for the benefit of any employee or agent of Owner as a result of Contractors receiving the Agreement 3.13 At the time of Contractor's submittal of the certificate of Substantial Completion, Owner and Contracl at Owner's option, jointly inspect the Project and compile a list of defective work. ARTICLE IV SUBCONTRACTS 4.1 A Subcontractor is a person who has a direct contract with the Contractor to perfonn any of the Work on the 4.2 Unless otherwise specified in the Cqntract Documents or in the instruction to bidders, Contractor, as practicable after execution of the Agreement. shall furnish to Owner in writing a list of the names of Subcontractors p for the principal portions of the Work. Contractor shall not employ any Subcontractor to whom Owner may have are. objection. Contractor shall not be required to employ any Subcontractor to whom he has a reasonable objection. C between the Contractor and the Subcontractor shall be in accordance with the terms of this Agreement and shall the General Condition insofar as applicable. ARTICLE V SEPARA TE CONTRACTS 5.1 Owner reserves the right to award separate contracts in connection with other portions of the Project ( work on the site under these or similar general conditions. 5.2 Contractor shall afford Subcontractors and Owner's other contractors, if any, reasonable opportunity introduction and storage of their materials and equipment and the execution of their work, and shall properly c and coordinate his work with theirs. 5.3 Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. ARTICLE VI ROYALTIES AND PATENTS 6.1 Contractor shall pay all royalties and license fees. Contractor shall defend all suits or claims for infrin~ of any patent rights and shall save Owner harmless from loss on account thereof. ARTICLE VII ARBITRATION 7. I All claims or disputes arising out of the Agreement or the breach thereof shall be decided by arbitra accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, the parties mutually agree otherwise. Notice of the demand for arbitration shall be filed in writing wi~h the otheJ to this Agreement and with the American Arbitration Association and shall be made within a reasonable time af dispute has arisen. The award rendered by the arbitrators shall be final. and judgment may be rendered upon it in acco with applicable law in any court having jurisdiction thereof. ARTICLE VIII TIME '~ 8.1 All time limits stated in the Contract Documents are of the essence to the Agreement ("Time Limits 8.2 If the Contractor is delayed at any time in the progress of the Work by changes ordered in the Work, by disputes, fire, unusual delay in transportation, unavoidable casualties, causes beyond the Contractor's control. or t cause which Owner and Contractor may mutually determine justifies the delay, then Time Limits shall be extend change order for such reasonable time as Owner and Contractor shall mutually determine. form 4400157 11/88 Page 4 of 6