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§9.3.3 The Contractor may make a substitution only with the consent of the Owner,after evaluation by the Architect <br /> and in accordance with a Modification. <br /> §9.4 Warranty <br /> The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will <br /> be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further <br /> warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, <br /> except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or <br /> equipment not conforming to these requirements may be considered defective.The Contractor's warranty excludes <br /> remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or <br /> insufficient maintenance,improper operation or normal wear and tear under normal usage.All other warranties <br /> required by the Contract Documents shall be issued in the name of the Owner,or shall be transferable to the Owner, <br /> and shall commence in accordance with Section 15.6.3. <br /> §9.5 Taxes <br /> The Contractor shall pay sales,consumer,use,and other similar taxes that are legally enacted when bids are <br /> received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. <br /> §9.6 Permits,Fees,Notices,and Compliance with Laws <br /> §9.6.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building <br /> permit as well as other permits,fees,licenses,and inspections by government agencies necessary for proper <br /> execution and completion of the Work that are customarily secured after execution of the Contract and legally <br /> required at the time bids are received or negotiations concluded. <br /> §9.6.2 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 applicable to performance of the Work.If the <br /> Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and <br /> regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such <br /> Work and shall bear the costs attributable to correction. <br /> §9.7 Allowances <br /> The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.The Owner shall <br /> select materials and equipment under allowances with reasonable promptness.Allowance amounts shall include the <br /> costs to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade <br /> discounts.Contractor's costs for unloading and handling at the site,labor,installation,overhead,profit,and other <br /> expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowance. <br /> §9.8 Contractor's Construction Schedules <br /> §9.8.1 The Contractor,promptly after being awarded the Contract,shall submit for the Owner's and Architect's <br /> information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current <br /> under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work <br /> and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide <br /> for expeditious and practicable execution of the Work. <br /> §9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the <br /> Owner and Architect. <br /> §9.9 Submittals <br /> §9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop <br /> Drawings,Product Data,Samples,and similar submittals required by the Contract Documents in coordination with <br /> the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review.By <br /> submitting Shop Drawings,Product Data,Samples,and similar submittals,the Contractor represents to the Owner <br /> and Architect that the Contractor has(1)reviewed and approved them;(2)determined and verified materials,field <br /> measurements,and field construction criteria related thereto,or will do so;and(3)checked and coordinated the <br /> information contained within such submittals with the requirements of the Work and of the Contract Documents. <br /> The Work shall be in accordance with approved submittals. <br /> Init. AIA Document A104—2017(formerly A107^ —2007).Copyright @ 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017.All <br /> rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of 11 <br /> The American Institute of Architects.This document was produced at 14:33:21 CT on 01/31/2024 under Order No.3104238599 which expires on 05/21/2024,is <br /> not 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 <br /> violations,e-mail docinfo@aiacontracts.com. <br /> User Notes: (389ADA3D) <br />