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§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first
<br /> performed after Substantial Completion by the period of time between Substantial Completion and the actual
<br /> completion of that portion of the Work.
<br /> § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the
<br /> Contractor pursuant to this Section 12.2 .
<br /> § 1213 The Contractor shall remove from the site portions of the Work that are not in accordance with the
<br /> requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
<br /> § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
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<br /> partially completed, of the Owner or separate contractors caused by the Contractor' s correction or removal of Work
<br /> that is not in accordance with the requirements of the Contract Documents.
<br /> It: § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to
<br /> other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for
<br /> correinrction of Work asidescribed in Section 12.2.2 relates only to the specific obligation of the Contractor to correct
<br /> the Work, and hl no relahonsl ip to the time within which the obligation to comply with the Contract Documents
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<br /> ay be sought to be enn-tiforced; nor to the time within which proceedings may be commenced to establish the
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<br /> fill nContractor' s liability with respect to the Contractor' s obligations other than specifically to correct the Work.
<br /> § 12.3 ACCEPTANCE OF NONCONFORMING WORK
<br /> if the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
<br /> Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
<br /> appropriate and equitl Such adjustment shall be effected whether or not final payment has been made.
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<br /> ARTICLE 13 ' MISCELLANEOUS PROVISIONS
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<br /> § 13.1 GOVERNING LAW
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<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 arbitration as 'the method of binding dispute resolution, the Federal Arbitration Act shall govern Section
<br /> 15 .4.
<br /> § 13.2 SUCCESSORS AND ASSIGNS
<br /> § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal
<br /> representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided
<br /> m1 Section 13 .22, neither party to the Contract shall assign the Contract as a whole without written consent of the
<br /> if
<br /> other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain
<br /> legally, responsible for all obligations under the Contract.
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<br /> § 13 2 2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction
<br /> financing for the Project, if the lender assumes the Owner' s rights and obligations under the Contract Documents.
<br /> The Contractor shall execute a11,
<br /> l consents reasonably required to facilitate such assignment.
<br /> § 13.3 WRITTEN NOTICE
<br /> Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the
<br /> firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or
<br /> certified mail or, by courier service providing proof of delivery to, the last business address known to the party
<br /> giving notice.
<br /> § 13.4 RIGHTS AND REMEDIES
<br /> § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder
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<br /> shall be in ll
<br /> addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available
<br /> by lalLLL
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<br /> § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty
<br /> afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
<br /> breach there under, except as may be specifically agreed in writing.
<br /> AIA Document A201 Tr — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987i 1997 and 2007
<br /> by The American
<br /> Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized
<br /> 34
<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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