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§ 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 which the Contractor might have under the Contract Documents . Establishment of the one-year
<br /> period for correction of Work as described in Section 12 . 2 .2 relates only to the specific obligation of the Contractor
<br /> to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract
<br /> Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish
<br /> the Contractor' s liability with respect to the Contractor' s obligations other than specifically to correct the Work.
<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 OVERNING LAW, VENUE
<br /> § 13 . 1 .1 Th This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit
<br /> brought by either party against the hT -other party or otherwise arising out of this agreement shall be in Indian River
<br /> County, Florida, or in the plaaee where vent of federal jurisdiction, in the United States District Court for the Pfejee4
<br /> is leeated.Southern 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 . €*eept as ptevided
<br /> in Seetion " " n .ei +he~ 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 03AFner- may, witheut eensent of the ContFactef, assign the Contract to an in5fitutional lender pr-oviding
<br /> -0,A- A s;t.r 1.100 t i A- H fifial1eifig f0f the PlFejeet. in sueh event, the lendef shall assume the Ownef ' s rights and obligations
<br /> assigtiflienF
<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 eoneluded. oncluded 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 /> AIA Document A201n" — 1997. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987 and 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING : This AIA* Document is protected by U.S. Copyright Law and International Treaties.
<br /> 39
<br /> Unauthorized reproduction or distribution of this AIA* 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 17 : 14:54 on 05/25/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes: (3418817618)
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