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AIA Document A2 01- -- 2017
<br />General Conditions of the Contract for Construction
<br />party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to
<br />make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under
<br />the Contract.
<br />§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing
<br />for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall
<br />execute all consents reasonably required to facilitate the assignment.
<br />§ 13.3 Rights and Remedies
<br />§ 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in
<br />addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law.
<br />§ 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty 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 upon in writing.
<br />§ 13.4 Tests and Inspections
<br />§ 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and
<br />by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise
<br />provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing
<br />laboratory or entity acceptable to the Owner, 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 are
<br />to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or
<br />approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly
<br />arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require.
<br />§ 13.4.2 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 13.4.1, the Architect will, upon written authorization
<br />from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an
<br />entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and
<br />inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in
<br />Section 13.4.3, shall be at the Owner's expense.
<br />§ 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the
<br />Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure,
<br />including those of repeated procedures and compensation for the Architect's services and expenses, shall be at the
<br />Contractor's expense.
<br />§ 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents,
<br />be secured by the Contractor and promptly delivered to the Architect.
<br />§ 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will
<br />do so promptly and, where practicable, at the normal place of testing.
<br />§ 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable
<br />delay in the Work.
<br />AIA Document A201m - 2017. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
<br />and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S- Copyright
<br />Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result
<br />in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
<br />produced byAIA software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale_
<br />User Notes: (3B9ADA17)
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