05-D Animal Shelter Contract - Laserfiche WebLink

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ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contrad shall be governed by the law of the place where the Projed is bcated. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contrador respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in resped to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construdion financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contrador shall execute all consenis reasonably required to facilitate such assignment. . 133 WRITTEN NOTICE ' . 133.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES . . 13.4.1 Duties and bbligations imposed by ihe Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies othenvise imposed or available by law: ' 73.41 No action or failure to act by the Owner, Architect or Conlractor shall constitule a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in wriling. 735 TESTS AND INSPECTIONS ~ 13.5.1 Tests, inspedions and approvals of portions of the Work required by the Contract Documenis or by laws, ordinances, rules; regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests; inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tesu> inspedions and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present Eor such procedures. The Owner shall 6eaz costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 73.5.2 If the Architect, Owner or publid auihorities having jurisdiction determine that portions o, o of the Work require additional testing, inspeaioaor approval not included under Subparagraph ~ 13.5.1, the Archited will, upon written authorization from the Owner, instruct the Contractor to O 1997 A I A(D make arrangements for such additional testing,'inspection or approval by an entity acceptable to AIA DOCUMENT A7014997 the Owner, and the Contractor shall give timely notice to the Architect of when and where tests GENERAL CONDITIONS OF THE CONTRACT FOR and inspections`are to be made so that the Architect may be present for such procedures. Such CONSTRUCTION costs, except as provided in Subparagraph 13.5.3, shall be at the Owner's expense. The American Institute of Architecis . 1735 New York Avenue, N.W. , Washington, D.C. 20006-5292 WA0.NING: Unlicansed pMrocopying vbktea U.S. copyright laws and wlll subJect the vlolebr to legal prosecutlon.