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Substantial Completion

4.2.9, 8.1.1, 8.1.3, 3.2.3, 9.4.2, 9.899 4,910.3, 122,
13.7

Substantial Completion, Definition of

9.8.1

Substitution of Subcontractors

§.2.3,5.2.4

Substitution of Architect

413

Substitutions of Materials

3.4.2, 3.5, 7.3.8

Sub-subcontractor, Definition of

§.1.2

Subsurface Conditions

3.7.4

Successors and Assigns

13.2

Superintendent

3.9, 10.2.6

Supervision and Construction Procedures
1.2.2, 3.3, 3.4, 3.12.10, 4.2 2, 4.2.7,6.13,624, 7.13,
7.3.7, 8 2, 8.3.1, 9.4.2, 10, 12, 14, 15.13
Surety

5.4.1.2, 9.8.5,9.10.2,9.103, 14.22, 15.27
Surety, Consent of

9.10.2, 9.10.3

Surveys

2.2.3

Suspension by the Owner for Convenience
14.3

Suspension of the Work

5.4.2, 14.3

Suspension or Termination of the Contract
5.4.1.1, 14

Taxes

3.6, 3.8.2.1, 7.3.7.4

Tertuination by the Contractor

14.1, 15.16

Termination by the Owner for Cause
5.4.0.1, 14.2, 15.1.6

Termination by the Owner for Convenience
14.4

Termination of the Architect

4.13

Termination of the Contractor

14.2.2

TERMINATION OR SUSPENSION OF THE
CONTRACT

14

Tests and Inspections

3.1.3, 3.3.3, 4.2.2,426,42.9, 94.2, 98.3, 99.2,
9.10.1, 10.3.2, 11.4.1, 12.2.1, 13.5

TIME

8

Time, Detays and Extensions of

3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 95.1,9 7,
10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5

Time Limits

2.1.2, 2.2, 2.4, 3.2.2, 3 10, 3.11, 3.12.5, 3.15.1, 4.2,
5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2,9.2,9.3.1,9.3.3,941,
9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 122, 13.5, 13.7, 14,
15.1.2, 154

Time Limits on Claims

3.7.4, 10.2.8, 13.7, 15.1.2

Title to Work

9.3.2,93.3

Transmission of Data in Digital Form

1.6

UNCOVERING AND CORRECTION OF WORK
12

Uncovering of Work

12.1

Unforeseen Conditions, Concealed or Unknown
3.7.4, 83.1, 10.3

Unit Prices

7:3.3.2,7.34

Use of Documents

1.1.1, 1.5, 2.2.5, 3.12.6, 5.3

Use of Site

3.13, 6.1.1, 6.2.1

Values, Schedule of

9.2,9.3.1

Waiver of Claims by the Architect

13.4.2

Waiver of Claims by the Contractor

9.10.5, 13.4.2, 15.1.6

Waiver of Claims by the Owner

9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6
Waiver of Consequential Damages

14.2.4, 15.16

Waiver of Liens

9.10.2, 9.10.4

Waivers of Subrogation

6.1.1, 11.3.7

Warranty

3.5,4.2.9,9.3.3,9.8.4,9.9.1, 9.10.4, 12.2.2, 13.7
Weather Delays

15.1.5.2

Work, Definition of

1.1.3

Wniten Consent

1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5,
9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2
Written Interpretations

4.2.11,4.2.12

Written Notice

2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7,
9.10, 10.2.2, 10.3, 111.3, 12.2.2, 12.2.4, 13.3, 14,
541

Written Orders

1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1,
15.1.2

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init. Institute of Architects. All rights reserved. WARNING: This AJA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
repraduction or distribution of this AIA* Document, or any portion of Ht, may result In severe civil and celminal penalties, and will be prosecuted to the
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ARTICLE 1 GENERAL PROVISIONS

§ 1.4 BASIC DEFINITIONS

§ 1.1.1 THE CONTRACT DOCUMENTS

The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the
Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, Addenda issued pror to execution of the Contract, other documents listed in the Agreement
and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract
signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor
change in the Work issued by the Architect and agreed to tn writing by the Owner. Unless specifically enumerated in
the Agreement, the Contract Documents include the advertisement or invitation to bid, Instructions to Bidders,
sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the
Contractor's bid or proposal, or portions of Addenda relating to bidding requirements.

§ 1.1.2 THE CONTRACT

The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the
Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner
and the Architect’s consultants or (4) between any persons or entities other than the Owner and the Contractor. The
Architect shall, however, be entitled to performance and enforcervent of obligations under the Contract intended to
facilitate performance of the Architect's duties

§ 11.3 THE WORK

The tenn "Work" means the construction and services required by the Contract Documents, whether completed at
partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations The Work may constitute the whole or a part of the Project

§ 1.1.4 THE PROJECT
The Project is the total construction of which the Work performed under the Contract Documents may be the whole ar
a part and which may inctude construction by the Owner and by separate contractors

§ 1.1.5 THE ORAWINGS
The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and
dimensions of the Work, generally including plans, elevations. sections, details, schedules and diagrams.

§ 1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents consisting of the written requirements for materials,
equipment, systems, standards and workmanship for the Work, and performance of related services.

§ 1.1.7 INSTRUMENTS OF SERVICE

Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible
and intangible creative work performed by the Architect and the Architect's consultants under their respective
professional services agreements. Instruments of Scrvice may include, without limitation, studies, surveys, models,
sketches, drawings, specifications, and other similar matenals.

§ 1.1.8 INITIAL DECISION MAKER
The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in
accordance with Section 15.2 and certify termination of the Agreement under Section 14.2 2.

§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion
of the Work by the Contractor, The Contract Documents are complementary, and what is required by one shall be as
binding as tf required by all, performance by the Contractor shall be required only to the extent consistent with the
Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.

AIA Document! A201™ - 2007. Copyaght @ 1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966. 1970, 1976, 1987, 1997 and 2007 by The American

boil. Institute ol Archilects. All rights reserved, WARNING This AIA‘ Document is protecled by U.S Copyright Law and Internatlonal Treaties. Unauthorized 9
reproduction or distribution of this AIA® Qocument, ar any portion of it, may rasull in savere civil and ¢riminal penalues, and will be prosecuted to the
i maalmum extent possible under Ihe law. This datument was produced by AIA software at 14:10:20 ET on 01/10/2020 under Order No. 1403731939 which

expires on 09/22/2020, and is not for resale
User Noles: (1145984853)

VEHICLES. NBC WAS THE FIRST IN THE NATION TO SWITCH OVER TO A DIGITAL TRANSMISSION
SYSTEM. FROM A PRACTICAL STAND-POINT THIS ALLOWED FOUR SATELLITE VEHICLES TO
ACCESS THE SAME SATELLITE TRANSPONDER. THIS ALLOWED THE NETWORK TO OFFER
AFFILIATE STATION A FIVE-MINUTE WINDOW FOR TWENTY-DOLLARS VS TWO-HUNDRED
DOLLARS FOR FIVE MINUTES.

APRIL, 1982 TO APRIL, 1983

GROUP W SATELLITE COMMUNICATIONS
250 HARBOR DRIVE

STAMFORD, CT 06904

STUDIO AND UPLINK ENGINEER

INITIALLY HIRED TO BUILD THE STUDIO AND CONTROL ROOMS FOR THE SATELLITE NEWS CHANNEL, A
24 HOUR LIVE NEWS NETWORK THAT WAS TO COMPETE AGAINST CNN. DESIGNED AND BUILD MASTER
CONTROL ROOMS THE LIFETIME NETWORK, THE A&E NETWORK, THE TRAVEL CHANNEL, AND TWO
PAY-PER-VIEW CHANNELS. ALL WERE DISTRIBUTED THROUGH OUT SATELLITE EARTH STATION IN
STAMFORD.

SEPTEMBER, 1979 TO MARCH, 1982
WENH-TV

MEMORIAL UNION BUILDING
DURHAM, NH 03824

STUDIO TECHNICIAN

RESPONSIBLE FOR MASTER CONTROL, VIDEOTAPE, FILM, CAMERA SETUP, AUDIO OPERATION, AND
REMOTES BROADCASTS.

August, 1978 to August, 1979
WGCY-FM and WCCM-AM
Lawrence, Massachusetts

Assistant Chief Engineer (Part-Time)

Responsible for transmitter and studio maintenance.

April, 1978 through July, 1979
WMUR-TV

Elm Street

Manchester, NH 03101

Master Control Operator

Responsible for insuring that all content played as scheduled and conformed to FCC Rules and
Regulations.

init.

§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not
control the Contractor tn dividing the Work among Subcontractors or in establishing the extent of Work to be

performed by any trade

§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings

§ 1.3 CAPITALIZATION
Terms capitalized in these General Conditions include those that are (1) specifically deftned, (2) the titles of numbered
articles or (3) the titles of other documents published by the American Institute of Architects

§ 1.4 INTERPRETATION
In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and “any” and articles
such as "the" and "an,” but the fact that a modifier or an article is absent from one statement and appears in another is

not intended to affect the interpretation of either statement.

§ 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE

§ 1.5.1 The Architect and the Architect's consultants shall be deemed the authors of their respective Instruments of
Service, including the Drawings and Specifications,. The Contractor, Subcontractors, Sub-subcontractors, and
material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or
distribution to meet official regulatory requirements or for other purposes in connection with this Project 1s not to be
construed as publication in derogation of the Architect's or Architect's consultants’ reserved rights.

§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use
and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All
copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The
Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of
Service on other projects or for additions to this Project outside the scope of the Work without the specific written
consent of the Owner, Architect and the Architect’s consultants

§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORM
If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they
shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the

Agreement or the Contract Documents

ARTICLE 2 OWNER

§ 2.1 GENERAL
§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract

Documents as if singular in number. The Owner shall designate in writing a representative who shall have express
authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization Except as
othenvise provided tn Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner
or the Owner’s authorized representative

§ 2.1.2 The Owner shall furnish to the Contractor within thirty days after receipt of a written request, information
necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights Such
information shall include a correc statement of the record legal title to the property on which the Project is located,
usually referred to as the site, and the Owner's interest therein

§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

§ 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable
evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract
Thereafter, the Contractor may only request such evidence if (I) the Owner fails to make payments to the Contractor
as the Contract documents require, (2) a change in the Work materially changes the Contract Sum, or (3) the
Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The
Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the
portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not
materially vary such financial arrangements without prior notice to the Contractor

AIA Document A201™ — 2007. Copyright © 1911, 1945, 1918, 1925, 1937, 1951, 1968, 1961, 1963. 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Insiilute of Architects. All lights reserved. WARNING: This AIA* Document Is protected by US Copyright Law and International Treaties Unauthorized
reproductian or distribution of this AIA* Cocument, o any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the Jaw. This document was produced by AIA software at 14 10 20 ET on 01/10/2020 under Order No. 1403731939 which
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Uses Notes: (1148984853)

19

§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,
including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures or for permanent
changes in existing facilities.

§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for
the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of
information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the
Work,

§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with
reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and
relevant to the Contractor's performance of the Work with reasonable promptoess after receiving the Contractor's
written request for such information or services.

§ 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furmsh to the Contractor one copy of
the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2

§ 2.3 OWNER'S RIGHT TO STOP THE WORK

If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as
required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner
may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has
been eliminated, however, the right of the Owner to slop the Work shall nol give rise to a duty on the part of the Owner
to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by
Section 6.1.3.

§ 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such
default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropnate Change Order shall be issued deducting from payments
then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses
and compensation for the Architect’s additional services made necessary by such default, neglect or failure. If
payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall promptly
pay the difference to the Owner.

ARTICLE 3 CONTRACTOR

§ 3.1 GENERAL

§ 3.1.1 The Contractor ts the person or entity identified as such in the Agreement and 1s referred to throughout the
Contract Documents as if singular in number. The Contractor shail be lawfully licensed, if required in the jurisdiction
where the Project is located. The Contractor shall designate in writing a representative who shall have express
authorily to bind the Contractor with respect to all matters under this Contract. The term "Contractor means the
Contractor or the Contractor’s authorized representative.

§ 3.1.2 The Contractor shail perform the Work in accordance with the Contract Documents

§ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract
Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests,
inspections or approvals required or performed by persons or entities other than the Contractor.

§ 3.2 REVIEW OF CONTRACT OOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become
generally familiar with local conditions under which the Work is to be performed and correlated personal observations
with requirements of the Contract Documents

A\A Document A201™ ~ 2007. Copyright © 1911. 1915, 1916, 1925, 1937, 1951. 1956, 1961. 1963, 1966 1970, 1976, 19B7, 1997 and 2007 by The American

fut. instuute of Architecis. All rights reserved. WARNING: This AIA* Document ls protected by U.S, Copyright Law and international Treaties. Unauthorized = 4.4
reproduction or distribution of this AIA' Document, or any portion of it, may resull in severe civil and criminal penalties, and will be prosecuted to the
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expires on 09/22/2020, and is net lor resale
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§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting ¢ach portion of the
Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the
information furnished by the Owner pursuant to Section 2 2.3, shall take field measurements of any existing
conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These
obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the
purpose of discovering errors, omissions, or inconsistencies in the Contract Documents, however, the Contractor shall
promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known lo the
Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's
review 1s made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise
specifically provided in the Contract Documents

§ 3.2.3 The Contractor 1s not required to ascertain that the Contract Documents are in accordance with applicable laws,
statules, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall
promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for
information in such form as the Architect may require

§ 3.2.4 Ifthe Contractor believes that additional cost or time is involved because of clarifications or instructions the
Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2 2 or 3.2 3,
the Contractor shajl make Claims as provided in Article 15. If the Contractor fails to perform the obligations of:
Sections 3 2 2 or 3 2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if
the Contractor had performed such obligations If the Contractor performs those obligations, the Contractor shall not
be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract
Documents, for differences between field measurements or conditions and the Contract Documents, or for
nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and

lawful orders of public authorities

§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention, The
Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequentes
and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give
other specific instructions conceming these matters. If the Contract Documents give specific instructions concerning
construction meaus, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety
thereof and, except as stated below, shall be fully aad solely responsible for the jobsite safety of such means, methods,
techniques, sequences or procedures. If |he Contractor determines that such means, methods, techniques, sequences or
procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not
proceed with that portion of the Work without further written instructions from the Architect.

§ 3.3.2 The Contractor shall be responstble to the Owner for acts and omissions of the Contractor's employees,
Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or
on behalf of, the Contractor or any of its Subcontractors.

§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that
such portions are in proper condition to receive subsequent Work.

§ 3.4 LABOR AND MATERIALS
§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,

materials, equipment, tools, construction equipment and machinery, watez, heat, utilities, uansportation, and other
facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent
and whether or not incorporated or 10 be incorporated in the Work.

§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8
or 7.4. the Contiactor may.make substitutions only with the consent of the Owner, after evaluation by the Architect
and in accordance with a Change Order or Construction Change Directive.

§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other
persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not property

skilled in tasks assigned to them.

Init AIA Document A201™ — 2007, Copyrighl @ 1911. 1915, #918, 1925. 1917, 1951 1998, 1961, 1963, 1966, 1970, 1976. 1987, 1997 and 2007 by The Amertcan
. Instilule ol Archilecis. Ait rights seservad. WARNING: This AJA* Cocument Is protected by U.S. Copysight Law and Internalional Treaties. Unauthorized

reproduction of distribution of this AIA® Document, or any portion of tt, may sesult in savere civil and criminal penalties, and will be prosecuted to the

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expires on 09/22/2026, and Is nal lor resale

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§ 3.5 WARRANTY

The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be
of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants
that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for
those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not
conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for
damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient
maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment

§ 3.6 TAXES

The Contractor shall pay sales, consumer, use and similar (axes for the Work provided by the Contractor that are
legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to
go into effect

§ 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS

§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper
execution and completion of the Work that are customarily secured after execution of the Contract and legally required
at the lime bids are received or negotiations concluded :

§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities applicable to performance of the Work

§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules
and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such
Work and shall bear the costs attributable to correction.

§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1} subsurface
or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or
(2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the
Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no
event later than 21 days after first observance of the conditions. The Architect will promptly investigate such
conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the
Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable
adjustment in the Contract Sum or Contract Time, or both. Ifthe Architect determines that the conditions at the site are
not materially different from those indicated in the Contract Documents and that no change in the terms of the
Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If
either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article
1S.

§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial
markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately
suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice,
the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the
operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall
continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract
Sum and Contract Time ansing from the existence of such remains or features may be made as provided in Article 15

§ 3.8 ALLOWANCES

§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. [tems
covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but
the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection

§ 3.8.2 Unless otherwise provided in the Contract Documents,

AIA Document A201 ™ - 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976. 1987. 1997 and 2007 by The American

init. lastitute of Architecls. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and international Treaties, Unauthorized 43
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and wil! be prosecuted to the
/ maximum extent pos sible under the law, This documenl was produced by AIA scftware al 14:10:20 ET on 03/40/2020 under Order No, 1403731939 which

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tnit.

1 Allowaaces shall cover the cost to the Contractor of materials and equipment delivered at the site and
all required taxes, less applicable trade discounts;

.2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but
not in the allowances, and

.J. Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly
by Change Order. The amount of the Change Order shall reftect (1) the difference between actual costs
and the allowances under Section 3.8 2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2

§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness

§ 3.9 SUPERINTENDENT
§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shail be in attendance at

the Project site during performance of the Work. The superintendent shalt represent the Contractor, and
communications given to the superintendent shall be as binding as if given to the Contractor.

§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through
the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the
Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed
superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the
14 day period shall constitute notice of no reasonable objection

§ 3.9.3 The Contractor shall not employ a proposed supenntendent to whom the Owner or Architect has made
reasonable and timely objection The Contractor shall not change the superintendent without the Owner's consent,
which shail not unreasonably be withheld or delayed

§ 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES

§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and
Architect's information a Contractor's construction schedule for the Work The schedule shall not exceed time limits
current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the
Work and Proyect, shall be related to the entire Project to the extent required by the Contract Documents, and shall
provide for expeditious and practicable execution of the Work

§ 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as
necessary to maintaio a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval. The
Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated
with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the
Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or
extension of Contract Time based on the time required for review of submittals.

§ 3.10.3 The Contractor shall perform the Work in general accordaace with the most recent schedules submitted to the
Owner and Architect.

§ 3.11 DOCUMENTS AND SAMPLES AT THE SITE

The Contractor shali maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change
Orders and other Modifications, in good order and marked currently to indicate field changes and selections made
during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required
submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner
upon completion of the Work as a record of the Work as constructed.

§ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
§ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the
Contractor or a Subcontractor, Sub-subcontractor, manufactvrer, supplier or distributor to illustrate some portion of

the Work

§ 3.12.2 Product Data are illustrations, slandard schedules, performance charts, instructions, brochures, diagrams and
other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work

AIA Document A201 ™ — 2007. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1956. 1961, 1963, 1966 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document ls protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of thls AIA" Document, of any portion of It, may rasult in savere clvil and criminal penalties, and will be prosecuted lo the
mazlmum extent passible under Ihe law. This dacument wat produced by AIA software at 14°10:20 ET on 6'410/2020 under Order No, 1493731939 which
expires on 09/22/2020, and is nat for resale

User Notes (1145984853)

14

§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanshyp and establish standards by
which the Work will be judged.

§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is
to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept
expressed in the Contract Documents for those portions of the Work for which the Contract Documents require
submittals. Review by the Architect is subject to the limitations of Sectton 4.2.7. Informational submittals upon which
the Architect ts not expected to take responsive action may be so tdentified in the Contract Documents. Submittals that
are nol required by the Contract Documents may be returned by the Architect without action.

§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect
Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with
the submittal schedule approved by the Architect or, ia the absence of an approved submittal schedule, with reasonable
promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate
contractors.

§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the
Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials,
field measurements and field construction criteria related thereto, or will do so and (3} checked and coordinated the
information contained within such submittals with the requirements of the Work and of the Contract Documents

§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and
review of Shop Drawings, Product Data, Samples or similar subrnittals until the respective submittal has been
approved by the Architect

§ 3.12.8 The Work shall be in accordance with approved submuttals except that the Contractor shall not be relieved of
responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect
in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific
deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued
authorizing the deviation The Contractor shall not be relieved of responsibility for errors or omissions in Shop
Drawings, Product Data, Samples or similar submittals by the Architect’s approvat thereof

§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, to revistons other than those requested by the Architect on previous submittals. In the
absence of such written notice, the Architect’s approval of a resubmission shall not apply to such revisions.

§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of
architecture or engineering unless such services are spectfically required by the Contract Documents for a portion of
the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities
for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to
provide professional services in violation of applicable law If professional design services or certifications by a
design professional related to systems, materials or equipment are specifically required of the Contractor by the
Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services
must satisfy. The Contractor shali cause such services or certifications to be provided by a properly licensed design
professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop
Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work
designed or certified by such professional, tf prepared by others, shall bear such professional's written approval when
submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and
completeness of the services, certifications and approvals performed or provided by such design professionals,
provided the Owner and Architect have specified to the Contractor all performance and design criteria that such
services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate
action on submittals only for the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the
pecformance and design criteria specified in the Contract Documents

AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 4970, 1976. 1987, 1997 and 2007 by The American

init. lnstitute of Arch tects. All rights reserved. WARNING: This AIAS Document ls protected by U.S. Copyright Caw and international Treaties. Unauthorized 15
reproduction or distribution of this AIA® Document, of any portion of it, may result In severe civ and criminal penalties, and will be prosecuted to the
i maximum extent possible undec the law. This document was produced by AIA software al 14 10.20 ET on 01/10/2220 under Order No.1403731939 which

expires on 09/22/2020. and Is not for resale
User Notes: (1145984853}

Init

§ 3.13 USE OF SITE
The Contractor shall conftne operations at the site to areas permitted by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably

encumber the site with materials or equipment.

§ 3.14 CUTTING AND PATCHING

§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make
its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing
prior to the cutting, fitting and patching, unless otherwise required by ihe Contract Documents.

§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed
construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by
excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor
except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably
withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's
consent to cutting or otherwise altering the Work.

§ 3.15 CLEANING UP
§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or

rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste
materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about
the Project

§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner
shall be entitled to reimbursement from the Contractor.

§ 3.16 ACCESS TO WORK
The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever

located

§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTS

The Contractor shatl pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of
copyrights and patent rights and shall hold the Qwner and Architect harmless from loss on account thereof, but shall
not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings,
Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to
believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall
be responsible for such loss unless such information is promptly furnished to the Architect,

§ 3.18 INDEMNIFICATION
§ 3.18.4 To the futlest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect,

Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and
expenses, including but not limited to attomeys’ fees, arising out of or resulting from performance of the Work,
provided that such claim, damage. loss or expense is attributable to bodily injury, sickness, disease or death, or to
injury to or desiniction of tangible property (other than the Work itself), but only to the extent caused by the negligent
acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a
party indemnified hereunder. Such obtigation shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwrse exist as to a party or person described in this Section 3.18.

§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the
indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts,
disability benefit acts or other employee benefit acts.

AIA Document A201™ - 2007, Copyrighl © 1911. 1915. 1918, 1925 1937, 1951, 1958, 1961, 1963. 1966, 1970 1976. 1987 1997 ard 2007 by The American
Inshtute of Architects. All rights resorvad. WARNING: This AIA‘ Document Is protected by US Copyright Law and International Treatias Unauthorized
reproducban or distribution of this AIA® Document, or any portion ol tt, may rasutt In severe civil and criminal penaltias, and witl be prosecuted to the
maazimum oalent possible under the law. This document was produced by AIA software al 14 10 20 ET on 01/10/2020 under Order No 1403731939 which
expires on 09/22/2020 and is ral lor resale

User Notes (1145994853)