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13. Performance Should Contractor fail in any respect to prosecute the work with promptness and diligence or fail to correct defective work promptly, or fail as to any of the requirements herein, Owner may perform for Contractor and charge all costs to Contractor, including overhead, profit and attorney's fees. 14. Arbitration All claims or disputes between the Contractor and the Owner arising out or relating to the Contract or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Unless the parties agree otherwise, they shall be limited in their discovery to directly relevant documents. Responses or objections to a document request shall be served 20 days after the receipt of the request. Notice of the demand for arbitration shall be filed in writing with the other party of this Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator or arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 15. Assignments and Modifications Neither this Contract nor any interest herein may be transferred or assigned by the Contractor or the Work or any part thereof be subcontracted, without the written consent of the Owner. Modification, revision or amendment of this Agreement shall not be effective unless approved in writing by the Owner. 16. Conditions for Retail Turnover Retail Turnover is the date on which substantial completion is obtained as identified as CONTRACT TIME in section 2. The following conditions will apply: GENERAL CONTRACTOR Exterior Finishes: • SITE WORK: All Exterior Site work will be 95% with no safety issues unresolved. (Paving Complete, Lot Striped, Curbs, Gutters, Sidewalks etc. Complete.) • Exterior Building finishes will be 100 % Complete ) Interior Finishes: • CONCRETE: All concrete work is complete. • DRYWALL: All drywall work is complete. • METALS: All Supports, Column Wraps will be complete • GLASS & GLAZING: All new storefront including New Entry /Exit Doors will be complete and operational. • DOORS: All Interior and Exterior doors will be complete. All DETEX Hardware will be installed and working properly. Confirmed operational with store management • MASONRY: All Masonry is complete. • ACOUSTIC: All Grid and Ceiling Pads will be installed. • PAINTING: All interior painting is complete excess paint to be removed from site. • FIRE PROTECTION: All Fire Suppression and Fire Monitoring systems will be complete, monitored and approved by the local Fire Protection Agency. 4