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<br /> I3.4.2.2 By making requests for substitutions based on Subparagraph 3.4.3 above,the Contractor:
<br /> .1 represents that the Contractor has personally investigated the proposed substitute product and
<br /> deternuned that it is equal or superior in all respects to that specified;
<br /> .2 represents that the Contractor will provide the same warranty for the substitution that the Contractor
<br /> would for that specified;
<br /> .3 certifies that the cost data presented is complete and includes a11 related costs under this Contract
<br /> except the ArchitecY s redesign costs,and waives all claims for additional costs related to the
<br /> substitution which subsequently become apparent;and
<br /> .4 will coordinate the installation of the accepted substitute, making such changes as may be required
<br /> for
<br /> the Work to be complete in all respects.
<br /> §3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other
<br /> persons carrying out the Contract.The Contractor shall not permit employment of unfit persons or persons not
<br /> skilled in tasks assigned to them.
<br /> §3.5 WARRANTY
<br /> §3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment fumished under the
<br /> Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the
<br /> Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to
<br /> the requirements of the Contract Documents.Work not confornung to these requirements,including substitutions
<br /> not properly approved and authorized,may be considered defective. The Contractor's warranty excludes remedy for
<br /> damage or defect caused by abuse, modifications not executed by the Contractor,improper or insufficient
<br /> maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect,the
<br /> Contractor shall furnish saGsfactory evidence as to the kind and quality of materials and equipment.
<br /> §3.6 TAXES
<br /> I §3.6.1 Owner is a tax exempt organization and Contractor will be permitted to use Owner's tax exempt number for
<br /> this project.
<br /> §3.7 PERMITS,FEES AND NOTICES
<br /> §3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
<br /> permit and other permits and governmental fees, licenses and inspections necessary for proper execution and
<br /> completion of the Work which are customarily secured after execution of the Contract and which are legally
<br /> required when bids are received or negotiations concluded.
<br /> §3.7.2 The Contractor shall comply with and give notices required by laws,ordinances,rules,regulations and lawful
<br /> orders of public authorities applicable to performance of the Work.
<br /> §3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with
<br /> applicable laws,statutes,ordinances,building codes,and rules and regulations.However,if the Contractor observes
<br /> that portions of the Contract Documents are at variance therewith,the Contractor shall promptly notify the Architect
<br /> and Owner in writing,and necessary changes shall be accomplished by appropriate Modification.
<br /> §3.7.4 If the Contractor performs Work knowing it to be contrary to laws,statutes,ordinances, building codes,and
<br /> rules and regulations without such notice to the Architect and Owner,the Contractor shall assume appropriate
<br /> responsibility for such Work and shall bear the costs attributable to correction.
<br /> §3.8 ALLOWANCES
<br /> §3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items
<br /> covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,
<br /> but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable
<br /> objection.
<br /> §3.8.2 Unless otherwise provided in the Contract Documents:
<br /> AIA Document A201 TM—1997.Copyright OO 191 1,1915,191 S,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American
<br /> Institute of Architects. All rights reserved. WARNING:This AIA� Document is protected by U.S.Copyright Law and International Treaties. �4
<br /> Unauthorized reproduction or distribution of this AIA�'Document,or any portion of it,may result in severe civil and criminal penalties,and will be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:16:56 on 03/13/2007 under Order
<br /> No.UNLICENSED which expires on 11/18/2007,and is not for resale.
<br /> User Notes: (2584627897)
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