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that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with
<br />Section 2.5.
<br />§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first
<br />performed after Substantial Completion by the period of time between Substantial Completion and the actual
<br />completion of that portion of the Work.
<br />§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the
<br />Contractor pursuant to this Section 12.2.
<br />§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the
<br />requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
<br />§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate
<br />Contractors, whether completed or partially completed, caused by the Contractor's correction or removal of Work that
<br />is not in accordance with the requirements of the Contract Documents.
<br />§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to
<br />other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for
<br />correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the
<br />Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be
<br />sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's
<br />liability with respect to the Contractor's obligations other than specifically to correct the Work.
<br />§ 12.3 Acceptance of Nonconforming Work
<br />If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
<br />Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
<br />appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
<br />ARTICLE 13 MISCELLANEOUS PROVISIONS
<br />§ 13.1 Governing Law
<br />The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction's
<br />choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal
<br />Arbitration Act shall govern Section 15.4.
<br />§ 13.2 Successors and Assigns
<br />§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal
<br />representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in
<br />Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other.
<br />If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally
<br />responsible for all obligations under the Contract.
<br />§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction
<br />financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The
<br />Contractor shall execute all consents reasonably required to facilitate the assignment.
<br />§ 13.3 Rights and Remedies
<br />§ 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder
<br />shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available
<br />by law.
<br />§ 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty
<br />afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
<br />breach thereunder, except as may be specifically agreed upon in writing.
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