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<br />ATTACHMENT <br /> <br />Bid/Contract Documents <br />(Plans, time lines, cost breakdowns and specifications included in bid packages to become part of the <br />Agreement) <br /> <br />ARTICLE V SEP ARA TE CONTRACTS <br /> <br />5.1 Owner reserves the right to award separate contracts in connection with other portions of <br />the Project or other work on the site. <br />5.2 Contractor shall afford subcontractors and Owner's other contractors, if any, reasonable <br />opportunity for the introduction and storage of their materials and equipment and the execution of their <br />Work, and shall properly connect and coordinate his work with theirs. <br />5.3 Any costs caused by defective Work shall be borne by the party responsible therefor; <br />provided that Contractor shall be directly responsible for all work performed by its Subcontractors. <br /> <br />ARTICLE VI ROYALTIES AND PATENTS <br /> <br />6.1 Contractor shall pay all royalties and permit and license fees. Contractor shall defend all <br />suits or claims for infringement of any patent rights and shall indemnify and save Owner, its agents and <br />employees, harmless from loss on account thereof. <br /> <br />ARTICLE VII <br /> <br />TIME <br /> <br />7.1 All time limits shown in the Project Construction Timeline, or otherwise stated in the <br />Agreement and the Contract Documents, are of the essence to the Agreement. <br />7.2 If Contractor is delayed at any time in the progress of the Work by changes ordered by <br />Owner in the Work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties, <br />causes beyond Contractor's control, Contractor shall so notify Owner in writing of the delay promptly <br />after it arises. Contractor shall use all reasonable efforts to overcome the delay. After receipt of such <br />notice, Contractor and Owner shall consult as to the duration of the delay and efforts to overcome the <br />delay. In the event the delay event extends beyond 45 days from its inception, Owner may terminate the <br />Agreement (paying Contractor for all Work properly performed through the effective date of the <br />termination) and retain another contractor to complete the Project. Applicable time limits may be <br />extended by change order for such reasonable time as Owner and Contractor shall mutually determine. <br /> <br />ARTICLE VIII <br /> <br />PAYMENTS <br /> <br />8.1 Payment shall be made as provided in the Agreement. Payments may be withheld on <br />account of (1) defective Work not remedied, (2) claims filed or noticed, including lien claims, (3) failure <br />of Contractor to make payments properly to Subcontractors or for labor, materials, or equipment (and to <br />provide required lien waivers from Subcontractors), (4) damage to another contractor, (5) unsatisfactory <br /> <br />128770 <br />Form <br />4400158 <br />5/04 <br /> <br />GC <br /> <br />