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db <br />40 <br />13.2 SUCCESSORS AND ASSIGNS <br />13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representative.% to <br />the other party hereto and to partners, successors, assigns and legal representatives of such other pony in respect to covenants, <br />agreements and obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, neither party to <br />the Contract shall assign the Contract as a whole without written consent of tate other. If either party attempts to make such an <br />assignment without such consent, that party shall nevertheless rennin leVilly responsible for all obligations under the Contract. <br />13.2.2 Ue -0hvaer -nwy: -without -6eRaS t -assign dhe-EoniruM -to •an ,insihtfliorwl -ten&F -p—W-8- <br />vonskrustien-finan6rig-liar-the-Prejeet-. fin -sue h -event. 41* 4ender-shall -assume-the-0s+%F!s-rights -and -obligaliens-tinder 4he- <br />Cent�t��urtt�ents:–'Fla•C-ontraetor�haa11�a3teetata-nlY-censenls-reustanttbYy�equired lo-fuc'iYilnte-suciraassivarn�nt: <br />13,3 WRITTEN NOTICE <br />13.3,1 Written notice shall be dccined to have been duly served if delivered in person to the individual ora member of the <br />firm or entity or to an officer of the corporation for which it wvas intended, or if delivered at or sent by registered or certified <br />mail to the last business address known to the party giving notice. <br />13,4 RIGHTS AND REMEDIES <br />13.4.1 Duties and obligations imposed by the Contract Documents and rights and rcmedies available thereunder shall be in <br />addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available bylaw. <br />13.4.2 No action or failure to act by [lie Owner, Architect or Contractor shall constitute a waiver of a right or duly afforded <br />them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder. <br />except as may be specifically agreed in writing. <br />13,6 TESTS AND INSPECTIONS <br />13,5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by lows, ordinances. <br />rules. regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise <br />provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing <br />laboratory or cnlity acceptable to the OrWner. or with the appropriate public authority, and shall bear all related costs of tests. <br />inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections arc to <br />be made so that the Architect may be present for such procedures. The Chvncr shall bear costs of tests, inspections or approvals <br />which do not become requirements until alicr bids arc received or negotiations concluded unless suchtc is snspoctions ur <br />approvals rcpltuc or madify�sre�xislin rcquirentenls in which even the Owner shall tzar any net acJdilional costs lhcrcof. <br />13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions ofthe Work require additional <br />testing, inspection or approval not included under Subparagraph 13.5.1, the Architect will, upon written aulhori/.ation from the <br />Owner, instruct [lie Contractor to make arrangements for such additional testing. inspection or approval by an entity acceptable <br />to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be <br />matte so that the Architect may be present for such procedures. Such costs, except as provided in Subparagraph 115.3. shall be <br />at the Owner's expense. <br />13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 1:1.5.2 reveal failure or the <br />portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such <br />failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the <br />Contractor's expense. <br />13,$.4 Required certificates of testing, inspection or approval shall, unless olhetwvisc required by the Contract Documents. be <br />secured by the C6ntraelPr and promptly delivered to the Architect. <br />13.6,6 If the Architect is to observe tests, inspections or approvals required by the Contract Doctlrncnts, the Architect will do <br />so promptly and, where practicable, at the normal place OF testing - <br />AIA JXXtAff,. <br />esting-AIAJXXtAff,. i'At(114UNER.ALC1,+aln'lHINSteFI HE('t91-RAU1FUR CteNS'r Ct"IJON -P)971S1)rlitN-AIA-Ctai'YRIciII-I'lN7-11IFA\HitRICA` <br />1NSITrtrm OF ARCnITIWIS, 1715 NEW YONK AVI INN IF N.W., WA,RInNti'I'ON, 11.C. 219106.5292. WARNING: IViw A ph,4­11vori, �Wlhl- 11S <br />.Vynytd r.w. and will radmxt Ila viol-Itur to I.rpl pr� at,n 'Pax Skxwr"d wah rtnlrtftiuilly pt,Khtwt with p Tmik mn W 11R. MAL a id .ars. Ia- ro,1 i,KlRi,,A «Wheal <br />r•ialdim urM1it aha Jat4 ol'eq�u�ticrt ae udcd FK:Ivn. <br />Vloctronic Format A201-19117 <br />tlser Dtwumcnl: VERA 7111124?l1tY. AIA Limnsc Nnanixr 104600. which cxpirzs oil 1/ril2tlttl -- Page 11139 <br />