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§ 18.4 The one -year period for correction of Work shall be extended with respect to portions of Work first performed
<br /> after Substantial Completion by the period of time between Substantial Completion and the actual completion of that
<br /> portion of the Work.
<br /> § 18.5 The one -year period for correction of Work shall not be extended by corrective Work performed by the
<br /> Contractor pursuant to this Article 18.
<br /> ARTICLE 19 MISCELLANEOUS PROVISIONS
<br /> § 19.1 ASSIGNMENT OF CONTRACT
<br /> Neither party to the Contract shall assign the Contract without written consent of the other, except that the Owner
<br /> may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the
<br /> Project if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall
<br /> execute all consents reasonably required to facilitate such assignment.
<br /> § 19.2 GOVERNING LAW
<br /> The Contract shall be governed by the law of the place where the Project is located, except, that if the parties have
<br /> selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section
<br /> 21.4.
<br /> § 19.3 TESTS AND INSPECTIONS
<br /> Tests, inspections and approvals of portions of the Work required by the Contract Documents or by applicable laws,
<br /> statutes, ordinances, codes, rules and regulations or lawful orders of public authorities shall be made at an
<br /> appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and
<br /> approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public
<br /> authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect
<br /> timely notice of when and where tests and inspections are to be made so that the Architect may be present for such
<br /> procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until
<br /> after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or
<br /> applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor.
<br /> § 19.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
<br /> The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of
<br /> warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements
<br /> of the final dispute resolution method selected in the Agreement within the period specified by applicable law, but in
<br /> any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor
<br /> waive all claims and causes of action not commenced in accordance with this Section 19.4.
<br /> ARTICLE 20 TERMINATION OF THE CONTRACT
<br /> § 20.1 TERMINATION BY THE CONTRACTOR
<br /> If the Architect fails to certify payment as provided in Section 15.2.1 for a period of 30 days through no fault of the
<br /> Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the
<br /> Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract
<br /> and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred
<br /> by reason of such termination, and damages.
<br /> § 20.2 TERMINATION BY THE OWNER FOR CAUSE
<br /> § 20.2.1 The Owner may terminate the Contract if the Contractor
<br /> .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
<br /> .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective
<br /> agreements between the Contractor and the Subcontractors;
<br /> .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations or lawful
<br /> orders of a public authority; or
<br /> .4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
<br /> § 20.2.2 When any of the above reasons exists, without prejudice to any other remedy the Owner may have and after
<br /> giving the Contractor five days' written notice, terminate the Contract and take possession of the site and of all
<br /> AIA Document A107TM — 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: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16
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<br /> expires on 09/30/2010, and is not for resale.
<br /> User Notes: (1093954413)
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