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13 . 4 RIGHTS AND REMEDIES
<br /> 13 . 4 . 1 Duties and obligations imposed by the Contract Documents and rights and remedies
<br /> available thereunder shall be in addition to and not a limitation of duties, obligations, rights
<br /> and remedies otherwise imposed or available by law.
<br /> 13 . 4 . 2 No action or failure to act by the Owner, Architect or Contractor shall constitute a
<br /> waiver of a right or duty afforded them under the Contract, nor shall such action or failure to
<br /> act constitute approval of or acquiescence in a breach thereunder, except as may be
<br /> specifically agreed in writing.
<br /> 13 . 5 TESTS AND INSPECTIONS
<br /> 13 . 5 . 1 Tests, inspections and approvals of portions of the Work required by the Contract
<br /> Documents or by laws, ordinances, rules, regulations or orders of public authorities having
<br /> jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
<br /> shall make arrangements for such tests, inspections and approvals with an independent THIS DOCUMENT HAS IMPORTANT
<br />LEGAL
<br /> testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, CONSEQUENCES. CONSULTATION WITH AN
<br /> and shall bear all related costs of tests, inspections and approvals. The Contractor shall give ATTORNEY 15 ENCOURAGED WITH RESPECT
<br /> the Architect timely notice of when and where tests and inspections are to be made so that the TO ITS COMPLETION OR MODIFICATION.
<br /> Architect may be present for such procedures. The Owner shall bear costs of tests, inspections AUTHENTICATION OF THIS
<br /> or approvals which do not become requirements until after bids are received or negotiations ELECTRONICALLY DRAFTED AIA
<br /> g DOCUMENT MAY BE MADE BY USING AIA
<br /> concluded unless such tests inspections or approvals replace or modify pre existing DOCUMENT D401.
<br /> requirements In which event the Owner shall bear any net additional costs thereof. ,
<br /> This document has been approved and
<br /> 13 . 5 . 2 If the Architect, Owner or public authorities having jurisdiction determine that endorsed by The Associated
<br />General
<br /> portions of the Work require additional testing, inspection or approval not included under Contractors of America.
<br /> Subparagraph 13.5. 1, the Architect will, upon written authorization from the Owner, instruct
<br /> the Contractor to make arrangements for such additional testing, inspection or approval by an
<br /> entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of
<br /> when and where tests and inspections are to be made so that the Architect may be present for
<br /> such procedures. Such costs, except as provided in Subparagraph 13.5.3, shall be at the Owner's
<br /> expense .
<br /> 13 . 5 . 3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
<br /> 13.5.2 reveal failure of the portions of the Work to comply with requirements established by
<br /> the Contract Documents, all costs made necessary by such failure including those of repeated
<br /> procedures and compensation for the Architect's services and expenses shall be at the
<br /> Contractor's expense .
<br /> 13 . 5 . 4 Required certificates of testing, inspection or approval shall, unless otherwise
<br /> required by the Contract Documents, be secured by the Contractor and promptly delivered to
<br /> the Architect.
<br /> 13 . 5 . 5 If the Architect is to observe tests, inspections or approvals required by the Contract
<br /> Documents, the Architect will do so promptly and, where practicable, at the normal place of
<br /> testing.
<br /> 13 . 5 . 6 Tests or inspections conducted pursuant to the Contract Documents shall be made
<br /> promptly to avoid unreasonable delay in the Work.
<br /> �+ r
<br /> 13 . 6 INTEREST 0%
<br /> 13 . 6 . 1 Payments due and unpaid under the Contract Documents shall bear interest from
<br /> the date payment is due at 10/6per montha10e-J; rate., _ he
<br /> ra01997 AIA®
<br /> AIA DOCUMENT A201 - 1997
<br /> GENERAL CONDITIONS OF THE
<br /> DCopyright 1911 , 1 15, 1 18, 1 25, 1 37, 1 51, 1 58, CONTRACT FOR CONSTRUCTION
<br /> 1 1, 1 3, 1 6, 1 67, 1 7 1976, 1 87, 1997 y T e
<br /> American Institute of Architects . Fifteenth Edition. Reproduction of the material herein or substantial The American
<br /> Institute of Architects
<br /> quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York
<br /> Avenue, N .W.
<br /> States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U .S . Washington, D.C . 20006-5292
<br /> copyright laws and will subject the violator to legal prosecution . This document was electronically produced
<br /> with permission of the AIA and can be reproduced in accordance with your license without violation until the
<br /> date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted
<br /> below. User Document: general conditions (standard) admin bldg 97 a201 . aia -- 5/5/2003. AIA License Number
<br /> 1127252, which expires on 7/31/2003.
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