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§ 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect
<br /> and in accordance.with a Modification.
<br /> § 9.4 WARRANTY
<br /> The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will
<br /> be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further
<br /> warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects,
<br /> except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or
<br /> equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes
<br /> remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or
<br /> insufficient maintenance, improper operation or normal wear and tear under normal usage.
<br /> § 9.5 TAXES
<br /> The Contractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received
<br /> or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
<br /> § 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS
<br /> § 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
<br /> permit as well as other permits, fees, licenses and inspections by government agencies necessary for proper
<br /> execution and completion of the Work that are customarily secured after execution of the Contract and legally
<br /> required at the time bids are received or negotiations concluded.
<br /> § 9.6.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
<br /> rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the
<br /> Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and
<br /> regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such
<br /> Work and shall bear the costs attributable to correction.
<br /> § 9.7 ALLOWANCES
<br /> The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall
<br /> select materials and equipment under allowances with reasonable promptness. Allowance amounts shall include the
<br /> costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade
<br /> discounts. Allowance amounts shall not include the Contractor's costs for unloading and handling at the site, labor,
<br /> installation, overhead, and profit.
<br /> § 9.8 CONTRACTOR'S CONSTRUCTION SCHEDULES
<br /> § 9.8.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and
<br /> Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits
<br /> current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the
<br /> Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall
<br /> provide for expeditious and practicable execution of the Work.
<br /> § 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the
<br /> Owner and Architect.
<br /> § 9.9 SUBMITTALS
<br /> § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop
<br /> Drawings, Product Data, Samples and similar submittals required by the Contract Documents in coordination with
<br /> the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review. By
<br /> submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner
<br /> and Architect that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field
<br /> measurements and field construction criteria related thereto, or will do so; and (3) checked and coordinated the
<br /> information contained within such submittals with the requirements of the Work and of the Contract Documents.
<br /> The Work shall be in accordance with approved submittals.
<br /> § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents.
<br /> AIA Document A107'' — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
<br /> Init. Architects. All rights reserved. WARNING: Thls AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 8
<br /> reproduction or distribution of this AIA` Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540_1 which
<br /> expires on 09/30/2010, and is not for resale.
<br /> User Notes: (1093954413)
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