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If the Contractor ' t ails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4� § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of performance of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12. 2. § 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by th Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor' s correction or remoal of Work which is not in accordance with the requirements of the Contract Documents . §'`12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents . Establishment of the Ione-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of thel Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the ontract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor' s liability with respect to the Contractor' s obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK § 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Co tract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final pay�j lent has been: made . ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING GOVERNING LAW: VENUE § 13.1 .1 he G mtfaet This ' agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party gainst the other party or otherwise arising out of this agreement shall be in Indian River County, Florida. or in the law event of federal jurisdiction in theme- United States District Court for the D"ajeet is le aced Southern District of Florida. . § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. in Seetien 13 ' , neither n Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. §' 13.2.2 The OwneFmay, withOut e8fisent of the ContFacter-, assign the Contfact to an institutional eonstfuetion finaneing for- the Pfeieet. in sueh event, the leader- shall assume tihe owflef' s rights and obli assignment. § 13.3 WRITTEN NOTICE § 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual 0 a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sentlby registered or certified mail to the last business address known to the party giving notice. AIA Document A201 TM — 1997. Copyright ® 1911 , 1915, 1918, 19258 1937, 1951 , 1958, 1961 , 196311966l 1967, 1970, 1976, 1987 a Id 1997 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and Int national Treaties. 39 Unauthorized 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 maximum extent possible under the law. This document was produced by AIA software at 13 :00:02 on 04/19/200 under Order No. 1000126313_I which expires on 6/29/2005, and is not for resale. User Notes: ( 1205244124)