R95-135 ACCEPTING BID, AUTHORIZING CONTRACT, AUTHORIZING ADDITIONAL FUNDS

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pletion of the Contract or by terms of an applicable special war- ARTICLE 20 ranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as TERMINATION OF THE CONTRACT to Work done by direct employees of the Contractor. 18.2 Nothing contained in this Article 18 shall be construed to estabiish a period of limitation with respect to other obligations whieh the Contraetor might have under the Contract Doeu- 20.1 If the Architect fails to recommend payment for a perioct ments. Establishment of the time period of one year as of 30 days through no fault of the Contractor,or if the Owner described in Paragraph 18.1 relates only to the specific obliga- fails to make payment thereon for a period of i0 days,the Con- tion of the Contractor to correct the Work,and has no relation- tractor may, upon seven additional days' written notice to the ship to the time within which the ob(Igation to comply with the Owner and the Architect, terminate the Contract and recover Contract Documents may be sought to be enforced,nor to the from the Owner payment for Work executed and fc�r proven dme within which proceedings may be commenced to estab- ��ss with respect to marerials, equipment, tools,and cc�nstrtic- lish the Contraetor's liability with respeet to the Contraetor's ��n equipment and machinery,including reasonable overheacl, obligations other than specifically to correct the Work. proFit and damages applicable to the Project. ARTICLE 19 MISCELLANEOUS PROVISIONS 20.2 If the Contractor defaults or persistentty fails or neglects to carry out the Work in accordance with the Contract Docu- ments or fails to perform a provision of the Contract, the 19.1 The Contract shatl be governed by the law of the place Owner, after seven days' written notice to the Contractor and where the Project is located. without prejudice to any other remedy the Owner may have, 19.2 As between the Owner and the Contractor, any appli- may make good such deficiencies and may deduct the cost cable statute of limitations shall commence to run and any thereof, including compensation for the Architect's services alle�ed cause of action shall be deemed to have accrued: and expenses made necessary thereby, from the payment then .1 not later than the date of Substantial Completion for or thereafter due the Contractor. Alternatively, at the Owner's acts or failures to act occurring prior to the relevant °P��on, and upon certification by the Architect that sufficient date of Substantial Completion; cause e3cists to justify such action,the Owner may terminate the Contract and take possession of the site and of all materials, .2 not later than the date of issuance of the final Certifi- equipment, tools, and construction equipment and machinery cate for Payment for acts or failures to act occurring thereon owned by the Contractor and may finish the Work by subsequent to the relevant date of Substantial Com- whatever method the Owner may deem expedient. If the pletion and prior to issuance of the final Certificate for unpaid balance of the Contract Sum exceeds costs of finishing Payment; and the Work, including cornpensation for the Architect's services .3 not later than the date of the relevant act or failure to and expenses made necessary thereby, such excess shall be act by the Contracror for acts or failures to act occur- paid to the Contracror, but if such costs exceed such unpaid ring after the date of the final Certificate for Payment. balance, the Contractor shall pay the difference to the Owner. AIA DOCUMENT A107•AHRRF.VIA'I'IsD OVi'NBR-CONI'RACTOR AGRGEhifiNT�NINTH EDITION•AIA° • �O 19A7 'T'HF. AAIF,RICAN INSTITUTF. (�F ANCti1T'F.(:f S, 17i5 NEW YORK AVF.NUF., N.W., WASHINGTON, D.C. 2000C A107-1�S7 1� WARNING�Unlicensed photocopying violates U.S.copyrfght laws and is sub�ect to legel prosecution.