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<br /> § 18.4 The one-year period for correction of Work sha11 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 /> portim of the Work.
<br /> § 18.5 Tl�e 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 ASSI�NMENT OF CONTRACT
<br /> Ncither party to the Cocs�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 �all be governed by the law of the place where the Project is located, except, that if the parties have
<br /> selected arbitration as 1he method of binding dispute resolution, the Federal Arbitration Act shall govern Section 21.4.
<br /> § 19.3 TESTS AND INSPECTIONS
<br /> Tests, inspectio�s and a�rovals of portions of the Work required by the Contract Documents or by applicable laws,
<br /> statutes, ordinaaces, 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
<br /> with an independa�t testing labaatory or entity acceptable to the Owner, or with the appropriate pubiic authority, and
<br /> shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of
<br /> when and where tests at►d inspections are to be made so that the Architect may be present for such procedures. The
<br /> Owna shall bear costs of (i) tests, inspections or approvals that do not become requirements until after bids are
<br /> received or negotiatiot�s concluded, and (2) tests, inspections ar approvals where building codes or applicable laws or
<br /> regulations prdubit the Owncr from delegating the costs to the Contractor.
<br /> § 19.4 CWuIMENCEMfNT OF STATUTORY LIMITATION PERIOD
<br /> The Owner and Contractor ahall 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 /> tl�e final dispute resolution method selected in the Agreement within the period specified by applicable law, but in any
<br /> case not tnare than 10 years aftet tt�e date of Substantial Completion ofthe Work. The Owner and Contractor waive all
<br /> claims and causes of action not commenced in accordance with this Section 19.4.
<br /> ARTICLE 20 TERMINATION OF THE CONTRACT
<br /> § 20.1 TERAMNATION BY TH� CQNTRACTOR
<br /> If the Architxt 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 Contractor
<br /> may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover
<br /> from the Owt�er paymen# for Work executed, including reasonable overhead and profit, costs incurred by reason of
<br /> sucH► termination, and damages.
<br /> § 20.2 TERMlNATION BY THE OWNER FOR CAUSE
<br /> § 20.2.1 'll►e Owna may terminate the Contract if the Contractor
<br /> .1 re,peatedly 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 rtpeatedly 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 Contractar five days' written notice, terminate the Contract and take possession of the site and of all
<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 Document A107T"' — 2007. Copyright m 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute oi Architects.
<br /> Init. All rights roserved. WARNINO: This AIA Doeument Is prot�ct�d by U.S. Copyripht Law a�d I�tamatlo�al Tnati�s. Unauthorizsd roproduction or � s
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<br /> UserNotes: (945440306)
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