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<br />AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
<br />reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of
<br />The American Institute of Architects. This document was produced at 16:07:00 ET on 07/31/2023 under Order No.3104237129 which expires on 08/14/2023, is not
<br />for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations,
<br />e-mail docinfo@aiacontracts.com.
<br />User Notes: (1345795138)
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<br />as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner,
<br />the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security
<br />interest, or encumbrance.
<br />§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault
<br />of the Contractor or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the
<br />Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due
<br />for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully
<br />completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished,
<br />the written consent of the surety to payment of the balance due for that portion of the Work fully completed and
<br />accepted shall be submitted by the Contractor to the Owner and Architect prior to certification of such payment. Such
<br />payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver
<br />of Claims.
<br />§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
<br />.1 liens, Claims, security interests, or encumbrances arising out of the Contract and identified by Owner
<br />as unsettled as of the time of final payment;
<br />.2 failure of the Work to comply with the requirements of the Contract Documents; or
<br />.3 terms of special warranties required by the Contract Documents.
<br />§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of
<br />known claims by that payee except those previously made in writing and identified by that payee as unsettled at the
<br />time of final Application for Payment.
<br />ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
<br />§ 10.1 Safety Precautions and Programs
<br />The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in
<br />connection with the performance of the Contract. Notwithstanding any other provision of the Contract Documents, all
<br />provisions of this Article 10 are solely for the benefit of the Owner and Contractor and are not intended to benefit or
<br />create a duty to, and shall not be relied upon in any way whatsoever by any other person, firm, or entity, as a third party
<br />beneficiary or otherwise.
<br />§ 10.2 Safety of Persons and Property
<br />§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
<br />.1 its employees on the Work ;
<br />.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site,
<br />under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and
<br />.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,
<br />structures, and utilities not designated for removal, relocation, or replacement in the course of
<br />construction.
<br />§ 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes,
<br />rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their
<br />protection from damage, injury, or loss.
<br />§ 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of
<br />the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings
<br />against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of
<br />the safeguards.
<br />§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are
<br />necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under
<br />supervision of properly qualified personnel.
<br />§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property
<br />insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in
<br />whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by
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