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<br /> § 12.3 ACCEPTANCE OF NONCONFORMING WORK
<br /> § 12.3. 1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract
<br /> Documents , the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum
<br /> will be reduced as appropriate and equitable . Such adjustment shall be effected whether or not final payment has
<br /> been made .
<br /> ARTICLE 13 MISCELLANEOUS PROVISIONS
<br /> § 13.1 GOVERNINGI A GOVERNING LAW: VENUE
<br /> § 13 . 1 . 1 TT"� �This agreement shall be governed by the law-laws of the State of Florida. Venue for any
<br /> lawsuit brought by either party against the other party or otherwise arising out of this agreement shall he in Indian
<br /> River County. Florida, or in the event of federal jurisdiction, in the plaee wher-eUnited States District Court for the
<br /> t
<br /> Frejee� .s lutedSouthern District of Florida.
<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 the other party hereto and to partners , successors, assigns and legal representatives of such other
<br /> party in respect to covenants, agreements and obligations contained in the Contract Documents . Exeepl as provided
<br /> in ceetio , 13 . 2 . 2, .. e: `~ Neither party to the Contract shall assign the Contract as a whole without written consent
<br /> of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless
<br /> remain legally responsible for all obligations under the Contract .
<br /> § 13.2.2 The QlArnef may, witheut eansent of the Gentr-aeter, assign the Centfaet to an institutional lender- providing
<br /> rmaw ' s 6ghts and obligations
<br /> eenstfuetien finaneing for- the Pr-E� eet. ift sueh event, the leader- shall assum-e. the &A
<br /> assignment;
<br /> § 13.3 WRITTEN NOTICE
<br /> § 13.3. 1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member
<br /> of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by
<br /> registered or certified 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 remedies available thereunder
<br /> shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available
<br /> by law.
<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 thereunder, except as may be 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 Documents or by laws,
<br /> ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time.
<br /> Unless otherwise provided, the Contractor shall make arrangements for such tests , inspections and approvals with an
<br /> independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
<br /> bear all related costs of tests, inspections and approvals . The Contractor shall give the Architect timely notice of
<br /> when and where tests and inspections are to be made so that the Architect may be present for such procedures . The
<br /> Owner shall bear costs of tests , inspections or approvals which do not become requirements until after bids are
<br /> received or negotiations eeneluded.concluded unless such tests, inspections or approvals replace or modify pre-
<br /> existing requirements in which event the Owner shall bear any net additional costs thereof.
<br /> § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require
<br /> additional testing, inspection or approval not included under Section 13 .5 . 1 , the Architect will , upon written
<br /> authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection
<br /> or approval by an 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 such procedures . Such
<br /> costs, except as provided in Section 13 .5 . 3, shall be at the Owner' s expense .
<br /> AIA Document A201TM — 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958 , 19615 1963, 1966, 1970, 1976, 1987 and 1997 by The
<br /> American
<br /> Institute of Architects. All rights reserved. WARNING : This AIO Document is protected by U.S. Copyright Law and International Treaties. 39
<br /> Unauthorized reproduction or distribution of this AIA'a Document, or any portion of it, may result in severe civil and criminal penalties, and will
<br /> be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :50:06 on 08/10/2005 under Order
<br /> No. 1000192296_1 which expires on 8/8/2006, and is not for resale.
<br /> User Notes: (726890250)
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