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C-1.19

d. Upon substantial or final completion (as defined in article 25), the amount
of retainage will be reduced to 2% of the total Contract Price plus an additional
retainage based on the Engineer's estimate of the fair value of the punch list items
and the cost of completing and/or correcting such items of work, with specified
amounts for each incomplete or defective item of work. As these items are
completed or corrected, they shall be paid for out of the retainage until the entire
project is declared completed (See article 25). The final 2% retainage shall be
held during the one-year warranty period and released only after the Owner has
accepted the project.

24.3 In reviewing monthly estimates for payments of the value of work done, the
Engineer may accept in the estimate, prior to subtracting the retainage, the delivered cost
of certain equipment and nonperishable material which have been delivered to the site or
off-site location and which are properly stored and protected from damage. With the
estimate, the Contractor shall submit to the Engineer invoices as evidence that the
material has been delivered to the site. Prior to submitting the next monthly estimate, the
Contractor shall provide the Engineer with paid invoices or other evidence that the
materials have been paid for. If the Contractor fails to submit such evidence, the
Engineer may then subtract the value of such materials or equipment for which the
Owner has previously paid, from the next monthly estimate. The type of equipment and
material eligible for payment prior to being incorporated in the work will be at the
Engineer's discretion. Material and equipment made specifically for the subject job will
be eligible for payment.

24.4 All material and work for which partial payments have been made shall thereupon
become the sole property of the Owner. This provision shall not be construed as
relieving the Contractor from the sole responsibility for the care and protection of
materials and work upon which payments have been made or for the restoration of any
damaged work, or as a waiver of the right of the Owner to require compliance with all of
the terms of the contract.

24.5 Owner's right to withhold payments and make application. The Contractor agrees
that he will indemnify and save the Owner or the Owner's agents harmless from all
claims growing out of the lawful demands of Subcontractors, laborers, workmen,
mechanics, material men, and furnishers of machinery and parts, equipment, power, tools
and all supplies, including commissary, incurred in the furtherance of the performance of
this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence
that all claims of the nature hereinabove designated have been paid, discharged, or
waived. If the Contractor fails to do so, then the Owner may, upon written notice to the
Contractor either pay unpaid bills of which the Owner has written notice directly, or
withhold from the Contractor's unpaid compensation a sum of money to pay any and all
such lawful claims until satisfactory evidence is furnished that all liabilities have been
fully discharged. Payment to the Contractor shall then be resumed in accordance with the
terms of this contract but in no event shall the above provisions be construed to impose
any obligations upon the Owner to either the Contractor or his surety or any third party.
In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the
Contractor, and any payment so made by the Owner shall be considered as payment made
under contract by the Owner to the Contractor and the Owner shall not be liable to the
Contractor for any such payments made in good faith.

24.6 If the Owner fails to make payment forty-five (45) days after approval by the
Engineer, in addition to other remedies available to the Contractor, there shall be added to

25.

C-1.20

each such payment interest at an annual rate of 10% commencing on the first day after
said payment is due and continuing until the payment is received by the Contractor.

Acceptance and Final Payment provisions shall be as follows:

25.1 Substantial completion and payment.

a. Substantial completion shall be that point, as certified by the Engineer, at
which the contract has been completed to the extent that the Owner may occupy
and/or make use of the work performed for the purposes for which it was
intended. Upon substantial completion there may be minor items, such as
seeding, landscaping, etc., yet to be completed or items of work to be corrected.

b. Upon receipt of written notice from the Contractor that the work is
substantially complete, the Engineer shall promptly make an inspection, and when
he finds the work complies with the terms of the contract and the contract is
substantially completed, he will issue a signed and dated certificate, and a list of
all items to be completed or corrected, stating that the work required by this
contract has been substantially completed and is accepted by him.

c. Upon substantial completion, the entire balance due and payable to the
Contractor less 2 percent of the Contract Price, and less a retention based on the
Engineer's estimate of the fair value for the cost of completing or correcting listed
items of work with specified amounts for each incomplete or defective item of
work shall be made.

d. The general guarantee period for the work shall begin on the date certified
by the Engineer that the work is substantially completed.

25.2 Final completion shall be that point at which all work has been completed and all
defective work has been corrected. Unless the Engineer has issued a certificate of
substantial completion, the general guarantee period shall begin upon certification by the
Engineer of final completion.

25.3. At the end of the general guarantee period for the entire contract which has been
certified finally completed or substantially completed, the Owner, through the Engineer,
shall make a guarantee inspection of all or portions of the work. When it is found that the
work is satisfactory and that no work has become defective under the terms of the
contract, the Owner will accept the entire project and make final payment, including the
reimbursement of monies retained pursuant to the guarantee period.

25.4 If the guarantee inspection discloses any work as being unsatisfactory, the
Engineer will give the Contractor the necessary instructions for correction of such work,
and the Contractor shall immediately execute such instructions. Upon correction of the
work, another inspection will be made which shall constitute the guarantee inspection,
provided the work has been satisfactorily completed.

25.5 Before issuance of final payment, the Contractor shall certify in writing to the
Engineer that all payrolls, material bills, and other indebtedness connected with the work
have been paid or otherwise satisfied; except that in case of disputed indebtedness or
liens, if the contract does not include a payment bond, the Contractor may submit in lieu
of certification of payment a surety bond in the amount of the disputed indebtedness or

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C-1.21

liens, guaranteeing payment of all such disputed amounts, including all related costs and
interest in connection with said disputed indebtedness or liens which the Owner may be
compelled to pay upon adjudication.

25.6 If upon substantial completion, full completion is delayed through no fault of the
Contractor, and the Engineer so certifies, the Owner may, upon certificate of the
Engineer, and without termination of the contract, make payment of the balance due for
that portion of the work fully completed and accepted. Such payment shall be made
under the terms and conditions governing final payment, except that it shall not constitute
a waiver of claims.

25.7 The acceptance by the Contractor of final payment shall release the Owner from
all claims and all liability to the Contractor for all things relating to this work and for
every act and neglect of the Owner and others relating to or arising out of this work. No
payment, however, final or otherwise, shall operate to release the Contractor or his
sureties from any obligations of the performance and payment bond under this contract.

Payments by Contractor. The Contractor shall pay the costs:

26.1 For all transportation and utility services not later than the 20th day of the
calendar month following that in which services are rendered;

26.2 For all materials, tools, and other expendable equipment to the extent of 90
percent of the cost thereof, not later than the 20th day of the calendar month following
that in which such materials, tools and equipment are delivered at the site of the work and
the balance of the cost thereof not later than the 30th day following the completion of that
part of the work in or on which such materials, tools and equipment are incorporated or
used; and

26.3 To each of his Subcontractors, not later than the 5th day following each payment
to the Contractor, the respective amounts allowed the Contractor on account of the work
performed by his Subcontractors to the extent of each Subcontractor's interest therein.

Insurance. The Contractor and any Subcontractor shall obtain all the insurance required
under this article and such insurance shall be approved by the Owner.

27.1 The Contractor and all Subcontractors shall procure and shall maintain during the
life of this contract workmen's compensation insurance as required by applicable state
law. The Contractor shall provide and shall cause each Subcontractor to provide
adequate employer's liability insurance.
Limits of Liability: | $100,000 each accident;
$500,000 disease - policy limit;
$100,000 disease - each employee.

27.2 The Contractor shall procure and shall maintain during the life of this contract
Commercial General liability insurance to include contractual liability, explosion,
collapse and underground coverages.
Limits of liability: $1,000,000 each occurrence bodily injury and property
damage;
$2,000,000 general aggregate - include per project
aggregate endorsement;
$2,000,000 products/completed operations aggregate.

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C-1.22

If blasting or demolition or both is required by the contract, the Contractor or Subcon-
tractor shall obtain the respective coverage and shall furnish the Engineer a certificate of
insurance evidencing the required coverages prior to commencement of any operations
involving blasting or demolition or both.

27.3. The Contractor shall procure and shall maintain during the life of this contract
comprehensive automobile liability insurance to include all motor vehicles including
owned, hired, borrowed and non-owned vehicles.

Limits of liability: $1,000,000 combined single limit for
bodily injury and property damage.

27.4 The Contractor shall
either:

a. Require each of his Subcontractors to procure and to maintain during the
life of his subcontract commercial general liability insurance and comprehensive
automobile liability insurance of the type and in the amounts specified in articles
27.2 and 27.3; or

b. Insure the activities of his Subcontractors in his policy.

27.5 The required insurance shall provide adequate protection for the Contractor and
his Subcontractors, respectively, against damage claims which may arise from work
under this contract, whether such work be by the insured or by anyone employed by him
and also against any of the special hazards which may be encountered in the performance
of this contract.

27.6 The Contractor shall furnish the Owner with certificates showing the type,
amount, class of operations covered, effective dates and dates of expiration of policies.
Such insurance shall not be canceled or materially altered, except after 10 days written
notice has been received by the Owner.

27.7 For builder's risk insurance (fire and extended coverage) and until the work is
completed and accepted by the Owner, the Contractor is required to maintain builder's
risk type insurance on a 100 percent completed value basis on the insurable portion of the
work for the benefit of the Owner, the Contractor, and Subcontractors as their interests
may appear.

27.8 The Contractor shall take out and furnish to the Owner and maintain during the
life of this contract, complete Owner's protective liability insurance.
Limits of Liability: | $1,000,000 each occurrence;
$2,000,000 aggregate.

Contract Security. The Contractor shall within ten (10) days after the receipt of the
Notice of Award furnish the Owner with a performance bond and a payment bond in
penal sums equal to the amount of the contract price conditioned upon the performance
by the Contractor of all undertakings, covenants, terms, conditions and agreements of the
Contract Documents, and upon the prompt payment by the Contractor to all persons
supplying labor and materials in the prosecution of the Work provided by the contract
Documents. Such Bonds shall be executed by the Contractor and a corporate bonding
company licensed to transact business in the state in which the Work is to be performed

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30.

31.

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C-1.23

and named on the current list of "Surety Companies Acceptable on Federal Bonds" as
published in the Treasury Department Circular Number 570. The expense of these Bonds
shall be borne by the Contractor.

Additional or Substitute Bond. If at any time a surety on any such Bond is declared as
bankrupt or loses its right to do business in the state in which the Work is to be
performed, or is removed from the list of Surety Companies accepted on Federal Bonds,
the Contractor shall within ten (10) days after notice from the Owner to do so, substitute
an acceptable bond (or bonds) in such form and sum and signed by such other surety or
sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid
by the Contractor. No further payments shall be deemed due nor shall be made until the
new surety or sureties shall have furnished such an acceptable bond to the Owner.

Assignments. The Contractor shall not assign the whole or any part of this contract or
any monies due or to become due hereunder without written consent of the Owner. In
case the Contractor assigns all or any part of any monies due or to become due under this
contract, the instrument of assignment shall contain a clause substantially to the effect
that it is agreed that the right of the assignee in and to any monies due or to become due
to the Contractor shall be subject to prior claims of all persons, firms and corporations for
services rendered or materials supplied for the performance of the work called for in this
contract.

Mutual Responsibility of Contractors. If, through acts of neglect on the part of the
Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the
work site, the Contractor agrees to settle with such other Contractor or Subcontractor by
agreement or arbitration if such other Contractor or Subcontractors will so settle. If such
other Contractor or Subcontractors shall assert any claim against the Owner on account of
any damage alleged to have been sustained, the Owner shall notify the Contractor, who
shall indemnify and save harmless the Owner against any such claim.

Subcontracting. When subcontracting, the Contractor:

32.1 May utilize the services of specialty Subcontractors on those parts of the work
which, under usual contracting practices, are performed by specialty Subcontractors.

32.2 Shall be as fully responsible to the Owner for the acts and omissions of his
Subcontractors, and of persons either directly or indirectly employed by them, as he is for
the acts and omissions of persons directly employed by him.

32.3. Shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to bind Subcontractors to the Contractor by the terms of the contract documents
insofar as applicable to the work of Subcontractors and to give the Contractor the same
power as regards terminating any subcontract that the Owner may exercise over the
Contractor under any provision of the contract documents.

32.4 Shall not create any contractual relation between any Subcontractor and the
Owner.

32.5. Shall not award Work to Subcontractor(s), in excess of fifty percent (50%) of the
Contract Price, without prior written approval of the Owner.

33.

C-1.24

Authority of the Engineer. In performing his duties, the Engineer or his representative
shall:

33.1 Have the authority to suspend the work in whole or in part for such periods as he
may deem necessary due to the failure of the Contractor to carry out provisions of the
Contract or for failure of the Contractor to suspend work in weather conditions
considered by the Engineer to be unsuitable for the prosecution of the work. The
Engineer shall give all orders and directions under this contract, relative to the execution
of the work. The Engineer shall determine the amount, quality, acceptability, and fitness
of the several kinds of work and materials which are to be paid for under this contract and
shall decide all questions which may arise in relation to the work. The Engineer's
estimates and decisions shall be final and conclusive, except as otherwise provided. In
case any question shall arise between the parties hereto relative to said contract or
specifications, the determination or decision of the Engineer shall be a condition
precedent to the right of the Contractor to receive any money or payment for work under
this contract affected to any extent by such question. The Engineer shall decide the
meaning and intent of any portion of the specifications and of any plans or drawings
where the same may be found unclear. Any differences or conflicts in regard to their
work which may arise between the Contractor under this contract and other Contractors
performing work for the Owner shall be adjusted and determined by the Engineer.

a. The purpose of the above article is not in any way to relieve the Contractor
of his responsibilities for the safety of workmen or general public in the execution
of the work. Attention is drawn to Article 13 of these Conditions which refers to
the safety obligations of the Contractor.

b. The Engineer, acting on behalf of the Owner, has the authority to enforce
corrective action for work not in accordance with the specifications.

c. In addition, the Engineer, acting on behalf of the Owner, is to ensure that
the work is in accordance with the Contract documents. He is not held
responsible, however, for the methods of construction, sequences, schedules and
procedures in the execution of the work. The Engineer does have the opportunity
under 33.1 to reject the method of construction, work plan schedule, procedures,
as he thinks appropriate.

33.2 Appoint assistants and representatives as he desires, and they shall be granted full
access to the work under the contract. They have the authority to give directions
pertaining to the work, to approve or reject materials, to suspend any work that is being
improperly performed, to make measurements of quantities, to keep records of costs, and
otherwise represent the Engineer in all matters except as provided below. The Contractor
may, however, appeal from their decision to the Engineer himself, but any work done
pending its resolution is at the Contractor's own risk. Except as permitted and instructed
by the Engineer, the assistants and representatives are not authorized to revoke, alter,
enlarge, relax, or release any requirements of these specifications, nor to issue
instructions contrary to the plans and specifications. They are not authorized to act as
superintendents or foremen for the Contractor, or to interfere with the management of the
work by the Contractor. Any advice which the assistants or representatives of the
Engineer may give the Contractor shall not be construed as binding the Engineer or the
Owner in any way, nor as releasing the Contractor from the fulfillment of the terms of the
contract. All transactions between the Contractor and the representatives of the Engineer
which are liable to protest or where payments are involved shall be made in writing.

34.

35.

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C-1.25

Stated Allowances. The Contractor shall include in his proposal for costs of materials not
shown in his bid under “cash allowances” or “allowed materials,” any cash allowances
stated in the supplemental general conditions or other contract documents. The
Contractor shall purchase the “allowed materials” as directed by the Owner on the basis
of the lowest and best bid of at least 3 competitive bids. If the actual price for purchasing
the “allowed materials” is more or less than the “cash allowance,” the contract price shall
be adjusted accordingly. The adjustment in contract price shall be made on the basis of
the purchase price without additional charges for overhead, profit, insurance or any other
incidental expenses. The cost of installation of the “allowed materials” shall be included
in the applicable sections of the contract specifications covering this work.

Use _of Premises, Removal of Debris, Sanitary Conditions. In the use of premises or
removal of debris, the Contractor expressly undertakes at his own expense: to take every
precaution against injuries to persons or damage to property; to maintain sanitary
conditions; to store his apparatus, materials, supplies and equipment in such orderly
fashion at the site of the work as will not interfere with the progress of his work or the
work of any other Contractors; to place upon the work or any part thereof only such loads
as are consistent with the safety of that portion of the work; to clean up frequently all
refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all
times the site of the work shall present an orderly and workmanlike appearance; before
final payment to remove all surplus material falsework, temporary structures, including
foundations thereof, plant of any description and debris of every nature resulting from his
operations, and to put the site in an orderly condition; to effect all cutting, fitting or
patching of his work required to make the same conform to the plans and specifications
and, except with the consent of the Engineer, not to cut or otherwise alter the work of any
other Contractor; to provide and maintain in a sanitary condition such toilet
accommodations for the use of his employees as may be necessary to comply with the
requirements of the state and local boards of health, or of other bodies or authorities
having jurisdiction.

Quantities of Estimate. Wherever the estimated quantities of work to be done and
materials to be furnished under this contract are shown in any of the documents including
the proposal, they are given for use in comparing bids and the right is specifically
reserved except as herein otherwise specifically limited, to increase or decrease them as
may be deemed reasonably necessary by the Owner to complete the work contemplated
by this contract, and such increase or decrease shall in no way invalidate this contract,
nor shall any such increase or decrease give cause for claims or liability for damages.
Such increases or decreases shall not exceed 25 percent of the estimated quantities of
work. An increase or decrease in quantities for subsurface materials (e.g. ledge,
unsuitable backfill), which overrun or underrun by 25% or more of the bid quantity may
be the basis for a contract price adjustment, at the rate of a negotiated adjusted unit rate.
Negotiated unit price rates shall be equitable and shall take into account, but not be
limited to the following factors; bid unit rate, distribution of rates and bid balance, and
the scope of work as affected by the changed quantities. Claims for extra work resulting
from changed quantities shall be processed under article 21.

Lands and Rights-of-Way. Acquisition and usage of lands and rights-of-way shall be as
follows:

38.

39.

AO.

C-1.26

37.1 Prior to issuing the Notice to Proceed, the Owner shall legally obtain all lands and
rights-of-way necessary for carrying out and completing the work to be performed under
this contract.

37.2. The Contractor shall not (except after written consent from the Owner) enter or
occupy with men, tools, materials, or equipment, any land outside the rights-of-way or
property of the Owner. A copy of the written consent shall be given to the Engineer.

37.3. The Owner shall provide to the Contractor information which delineates and
describes the lands owned and the rights-of-way acquired.

37.4 The Contractor shall provide at its own expense and without liability to the Owner
any additional land and access thereto that the Contractor may desire for temporary
construction facilities, or for storage of materials.

General Guarantee. With reference to warranties, neither the final certificate of payment
nor any provision in the contract documents, nor partial or entire occupancy of the
premises by the Owner, shall constitute an acceptance of work not done in accordance
with the contract documents or relieve the Contractor of liability in respect to any express
watranties or responsibility for faulty materials or workmanship. The Contractor shall
remedy any defects in the work and pay for any damage to other work resulting
therefrom, which appear within the warranty period one year or longer if required by the
contract, from the certified date of completion or substantial completion of the work. The
Owner will give notice of observed defects within two working days of their discovery.

Errors and Inconsistencies. With reference to errors and inconsistency in contract
documents, any provisions in any of the contract documents which may be in conflict
with the paragraphs in these general conditions shall be subject to the following order of
precedence for interpretation:

39.1 Drawings will govern technical specifications.
39.2 General conditions will govern drawings and technical specifications.

39.3. Supplemental general conditions will govern general conditions, drawings and
technical specifications.

39.4 Special conditions will govern supplemental general conditions, general
conditions, drawings and technical specifications.

39.5. The Contractor shall take no advantage of any apparent error or omission in the
plans or specifications. In the event the Contractor discovers such an error or omission,
he shall notify the Engineer. The Engineer will then make such corrections and
interpretations as may be deemed necessary for fulfilling the intent of the plans and
specifications.

39.6 Figure dimensions on Drawings shall govern over general drawings.
Notice and Service Thereof. Any notice to the Contractor from the Owner relative to any

part of this contract will be in writing and will be considered delivered and the service
completed, when said notice is mailed, by certified registered mail, to the Contractor at

Al.

42.

43.

44.

C-1.27

his last given address, or delivered in person to the Contractor or his authorized
representative on the work.

Required Provisions Deemed Inserted. Each and every provision of law and clause
required by law to be inserted in this contract shall be deemed to be inserted herein and
the contract shall be read and enforced as though it were included herein, and if through
mistake or otherwise any such provision is not inserted or is not correctly inserted
(example; miswording, etc.), then upon the application of either party the contract shall
forthwith be physically amended to make such insertion or correction.

Protection of Lives and Health. The work under this contract is subject to the safety and
health regulations (CRF 29, part 1926, and all subsequent amendments) as promulgated
by the U.S. Department of Labor on June 24, 1974. Contractors are urged to become
familiar with the requirements of these regulations.

OSHA Construction Safety Program.

43.1 Pursuant to NHRSA 277:5-a, the Contractor shall provide an Occupational Health
and Safety Administration (OSHA) 10-hour construction safety program for its on-site
employees. All employees are required to complete the program prior to beginning work.
The training program shall utilize an OSHA-approved curriculum. Graduates shall
receive a card from OSHA certifying the successful completion of the training program.

43.2 Any employee required to complete the OSHA 10-hour construction safety
program, and who can not within 15 days provide documentation of completion of such
program, shall be subject to removal from the job site.

43.3. The following individuals are exempt from the requirements of the 10-hour
construction safety program: law enforcement officers involved with traffic control or
jobsite security; flagging personnel who have completed the training required by the
Department of Transportation; all relevant federal, state and municipal government
employees and inspectors; and all individuals who are not considered to be on the site of
work under the federal Davis-Bacon Act, including, but not limited to, construction and
non-construction delivery personnel and non-trade personnel.

Equal Employment Opportunity. Under equal employment opportunity requirements and
during the performance of this contract the Contractor agrees to the following:

44.1 The Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, national origin, or sex. The Contractor will
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, creed, color, national origin, or
sex. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.

44.2 The Contractor will in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment, without regard to race, creed, color, national origin, or sex.

45.

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C-1.28

44.3. The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a
notice to be provided advising the labor union or worker's representative of the
Contractor's commitment under section 202 of executive order no. 11246 of September
24, 1965, and 11375 of October, 13, 1967, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.

44.4 The Contractor will comply with all provisions of executive orders no. 11246 and
11375.

44.5 The Contractor will furnish all information and reports required by executive
orders no. 11246 and 11375.

44.6 In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part by the Owner or the Department of
Labor and the Contractor may be declared ineligible for further government contracts or
federally-assisted construction, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of
such direction by the Department of Labor, the Contractor may request the United States
to enter into such litigation to protect the interests of the United States.

44.7. A breach of this article may be grounds for termination of this contract and for
debarment as provided in 29 CFR 5.6.

Interest of Federal, State or Local Officials. No federal, state or local official shall be
admitted to any share or part of this contract or to any benefit that may arise therefrom,
but this provision shall not be construed to extend to this contract if made with a
corporation for its general benefit.

Other Prohibited Interests. No official of the Owner who is authorized in such capacity
and on behalf of the Owner to negotiate, make, accept or approve, or to take part in
negotiating, making, accepting, or approving any architectural, Engineering, inspection,
construction or material supply contract or any subcontract in connection with the
construction of the project, shall become directly or indirectly interested personally in
this contract or in any part hereof. No officer, employee, architect, attorney, Engineer or
inspector of or for the Owner who is authorized in such capacity and on behalf of the
Owner to exercise any legislative, executive, supervisory or other similar functions in
connection with the construction of the project, shall become directly or indirectly
interested personally in this contract or in any part thereof, any material supply contract,
subcontract, insurance contract, or any other contract pertaining to the project.

Use and Occupancy Prior to Acceptance. Use and occupancy of a portion or unit of the
project, upon completion of that portion or unit, and before substantial completion of the
project, shall be a condition of this contract with the following provisions:

47.1. The Owner will make his request for use or occupancy to the Contractor in
writing.

47.2 There must be no significant interference with the Contractor's work or
performance of duties under the contract.