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facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent <br /> and whether or not incorporated or to be incorporated in the Work. <br /> § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections <br /> 3.12.8 or 7.4,the Contractor may make substitutions only with the consent of the Owner,after evaluation by the <br /> Architect and in accordance with a Change Order or Construction Change Directive. <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 Work.The Contractor shall not permit employment of unfit persons or persons not properly <br /> skilled in tasks assigned to them. <br /> § 3.5 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 and normal usage.If required by the <br /> Architect,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. <br /> § 3.6 TAXES <br /> The Contractor shall pay sales,consumer,use and similar taxes for the Work provided by the Contractor that are <br /> legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled <br /> to go into effect. <br /> § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS <br /> § 3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building <br /> permit as well as for 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 /> § 3.7.2 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. <br /> § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes, <br /> rules and regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility <br /> for such Work and shall bear the costs attributable to correction. <br /> § 3.7.4 Concealed or Unknown Conditions.If the Contractor encounters conditions at the site that are(1) <br /> subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract <br /> Documents or(2)unknown physical conditions of an unusual nature,that differ materially from those ordinarily <br /> found to exist and generally recognized as inherent in construction activities of the character provided for in the <br /> Contract Documents,the Contractor shall promptly provide notice to the Owner and the Architect before conditions <br /> are disturbed and in no event later than 21 days after first observance of the conditions.The Architect will promptly <br /> investigate such conditions and,if the Architect determines that they differ materially and cause an increase or <br /> decrease in the Contractor's cost of,or time required for,performance of any part of the Work,will recommend an <br /> equitable adjustment in the Contract Sum or Contract Time,or both.If the Architect determines that the conditions <br /> at the site are not materially different from those indicated in the Contract Documents and that no change in the <br /> terms of the Contract is justified,the Architect shall promptly notify the Owner and Contractor in writing,stating the <br /> reasons.If either party disputes the Architect's determination or recommendation,that party may proceed as <br /> provided in Article 15. <br /> § 3.7.5 If,in the course of the Work,the Contractor encounters human remains or recognizes the existence of burial <br /> markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately <br /> suspend any operations that would affect them and shall notify the Owner and Architect.Upon receipt of such <br /> notice,the Owner shall promptly take any action necessary to obtain governmental authorization required to resume <br /> Init. AIA Document A201-—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American <br /> Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 14 <br /> reproduction or distribution of this AIAs Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to <br /> / the maximum extent possible under the law.This document was produced by AIA software at 15:14:50 on 11/01/2016 under Order No.4982744446 1 which <br /> expires on 07/01/2017,and is not for resale. <br /> User Notes: (2035499384) <br />