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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 /> a8er Substantial Compledon 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 e�rtended by corrective Work performed by the �
<br /> Contractar pursuant to this Article 18. �
<br /> ARTICLE 19 MISCELLANEOUS PROVISIONS
<br /> § 19.1 ASSIGNMENT OF CONTRACT
<br /> Neither party to the Con�ract shall assign the Contract without written consent of the other, except that the Owner may,
<br /> without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project if
<br /> the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all
<br /> 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 azbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 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 appropriate
<br /> time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals I
<br /> with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and �
<br /> shall bear all related costs of tests, inspections and approvals. T'he Contractor shall give the Architect timely notice of
<br /> when and where tests and inspections are to be made so that the Architect may be present for such procedures. The
<br /> Owner shall bear wsts of (1) tests, inspections or approvals that do not become requirements until after bids are
<br /> received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or
<br /> regulations prohibit the Owner from delegating the costs to the Contractar,
<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 of ��
<br /> the final dispute resolution method selected in the Agreement within the period specified by applicable law, but in any I
<br /> case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive ali
<br /> ctaims and causes of action not commenced in accordance with this Section 19.4. I �,
<br /> ARTICLE 20 TERMINATION OF THE CONTRACT i
<br /> § 20.1 TERMINATION BY THE CONTRACTOR I
<br /> If the Architect fails to certify payment as provided in Section 15.21 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 Contractor
<br /> may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover
<br /> from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of
<br /> 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 I
<br /> .1 repeatedly refuses or fails to supply enough properly skilled workers ar proper materials; �
<br /> .2 fails to make payment to Subcontractars 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 /> § 2U.2.2 When any of the above reasons exists, without prejudice to any other remedy the Owner may have and after I
<br /> giving the Contractor five days' written notice, terminate the Contract and take possession of the site and of all I
<br /> materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may
<br /> finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the
<br /> AIA Documant A107TM — 2007. Copyripht O 1938, 1851, 1858, 1981, 1963, 1966, 1970,1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. �i
<br /> Init. p,�l rights reaerved. WARNING: Thia AIA Document Is protected by U.S. Copyright Law and Internatlonal Treatles. Unauthorizsd reproduction or � 6 I
<br /> dlstribuUon of this AIA Document, or any portlon of k, may result in savere elvil and criminal penaNlea, snd will he prosecuted to the maximum axtent
<br /> � posalbla underthe law. Thls documentwas produeed by AIA aoftware at 14:59:26 on 04/05/2a11 under Order No.4716495922 1 which expires on 10/28I2011,
<br /> and is not far resale.
<br /> UserNotes; (1630881888)
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