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Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in
<br /> accordance with the method of binding dispute resolution selected in the Agreement between the Owner and
<br /> Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for
<br /> convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change
<br /> in the Work in accordance with Article 7.
<br /> § 11 .3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in
<br /> - ' interest shall object in writing within five days after occurrence of loss to the Owner' s exercise of this power; if such
<br /> objection is made, the, dispute shall be resolved in the manner selected by the Owner and Contractor as the method
<br /> ofbinding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method
<br /> of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute
<br /> over distribution of insurance proceeds, in accordance with the directions of the arbitrators.
<br /> § 11 .4 PERFORMANCE BOND AND PAYMENT BOND
<br /> § 11'.4. 1 The Owner, shall have the right to require the Contractor to furnish bonds covering faithful performance of
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<br /> the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically
<br /> required in the Contract Documents on the date of execution of the Contract.
<br /> § 11 .4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment
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<br /> of obligations arising under the Contract, the Contractor shall promptly famish a copy of the bonds or shall
<br /> authorize a copy to be furnished.
<br /> ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
<br /> § 12. 1 UNCOVERING OF WORK
<br /> §12.11:11f if a portion of the Work is covered contrary to the Architect ' s request or to requirements specifically
<br /> expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the
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<br /> Architect's examination and be replaced at the Contractor' s expense with change in the Contract Time.
<br /> § 12. 1 .2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior
<br /> to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such
<br /> Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate
<br /> Change Order, be at the Owner ' s expense. If such Work is not in accordance with the Contract Documents, such
<br /> costs and the, cost of correction shall be at the Contractor ' s expense unless the condition was caused by the Owner or
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<br /> a separate contractor in which eye Ithe Owner shall be responsible for payment of such costs.
<br /> § 12.2 CORRECTION OF WORK
<br /> § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
<br /> The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of
<br /> the Contract Documents, whether ,discdvered before or after Substantial Completion and whether or not fabricated,
<br /> installed LL
<br /> or Icompleted'. Costs of correcting such rejected Work, including additional testing and inspections, the cost
<br /> of uncovering ,and replacement, and compensation for the Architect' s services and expenses made necessary
<br /> thereby, shall be at the Contractor' s expense.
<br /> § 12.292 AFTER SUBSTANTIAL COMPLETION
<br /> 1 : 12111211121111 ,In addition ..to the Contractor' s obligations under Section 3 . 5, if, within one year after the date of
<br /> Substantial Completion ,of the Work or designated portion thereof or after the date for commencement of warranties
<br /> established under Section 9. 9. 1 , or by terms of an applicable special warranty required by the Contract Documents,
<br /> any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor
<br /> shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously
<br /> given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after
<br /> discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the
<br /> Contractor andgive the Contractor an opportunity to make the correction, the Owner waives the rights to require
<br /> correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct
<br /> nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or
<br /> Architect, the Owner may correct it in accordance with Section 2.4.
<br /> Init. AIA Document A201 T'" — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 19870 1997 and
<br /> 2007 by The American
<br /> Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized
<br /> reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted
<br /> to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which
<br /> expires on 02/05/2013, and is not for resale.
<br /> User Notes : (811102566)
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