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the Owner shall make payment of retainage applying to such Work or designated portion thereof Such payment shall
be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents

§ 9.9 PARTIAL OCCUPANCY OR USE

§9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to
by the insurer as required under Section i}.3.1.5 and authorized by public authorities having jurisdiction over the
Project. Such partial occupancy or use may commence whether or not the portion 1s substantialiy complete, provided
the Owner and Contractor have accepted in writing the responsibitities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed tn writing
concerning the period for correction of the Work and coramencement of warranties required by the Contract
Documents When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit
a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not
be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between
the Owner and Contractor or, if no agreement is reached, by decision of the Architect

§ 9.9.2 Immediately prior to such pactial occupancy or use, the Owner, Contractor and Architect shall jointly inspect
the area to be occupied or portion of the Work to be used in order to determine aad record the condition of the Work

§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute
acceptance of Work not complying with the requirements of the Contract Documents

§ 9.10 FINAL COMPLETION AND FINAL PAYMENT

§ 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance and
upon receipt ofa final Application for Payment, the Architect will promptly make such inspection and, when the
Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect
will promptly issue a final Certificate for Payment staling that to the best of the Architect’s knowledge, information
and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will
constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being
entitled to final payment have been fulfilled

§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to
the Architect (I) an affidavit that payrolls, bills for matenals and equipment, and other indebtedness connected with
the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld
by Owner) have been paid or otherwise satisfied, (2) a certiftcate evidencing that insurance required by the Contract
Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire
until at least 30 days’ pnor written notice has been given to the Owner, (3) a written statement that the Coatractor
knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing
payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or
encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa
Subcontractor refuses to furnish a release or waiver required by the Owner, the Conlractor may furnish a bond
satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are
made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such
lien, including all costs and reasonable attorneys’ fees.

§ 9.10.3 If, after Substantial Completion of the Work. final completion thereof is materially delayed through no fault of
the Contractor or by tssuance of Change Orders affecting final completion, and the Architect so confirms, the Owner
shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted If the remaining balance
for Work not fully completed or corrected ts less than retainage stipulated in the Contract Documents, and if bonds
have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment
Such payment shall be made under terms and conditions goveming final payment, except that it shall not constitute a

waiver of claims

AlA Document A201™ - 2007. Capynght © 1911, 1915, 1918, 1925, 1937, 1951, 1958. 1964. 1963, 1966, 1970, 1976. 1987. 1997 and 2007 by The Amercan

tnt. Insitute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by US. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this ASA® Document, or any portian of It, may result in severe civil and criminal penalties, and will be prosecuted to the
f maximum extent possible under the law. This document 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.
(1145984853)

User Notes

tnit.

(Paragraphs deleted)

§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver
of claims by that payee excepl those previously made in writing and identified by that payee as unsettled at the time of
final Application for Payment.

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS

The Contractor shall be responsible for tnitiating, maintaining and supervising all safety precautions and programs in
connection with the performance of the Contract.

§ 10.2 SAFETY OF PERSONS AND PROPERTY
§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to

1 employees on the Work and other persons who may be affected thereby;

2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site,
under care, custody or control of the Contractor or the Contractor’s Subcontractors or
Sub-subcontractors; and

3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relocation or replacement in the course of
construction.

§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their
protection from damage, injury or loss

§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and perfarmance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent sites and utilities

§ 10.2.4 When use or storage of explosives or other hazardous materials of equipment or unusual methods are
necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under
supervision of properly qualified personnel.

§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property
insurance required by the Contract Documents) to property referred to in Sections 10 2.1.2 and 10 2.1.3 caused in
whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by
any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections
10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone
directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to
the Contractor’s obligations under Section 3.18.

§ 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty
shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated
by the Contractor in writing to the Owner and Architect.

§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create
an unsafe condition

10.2.7.1 Its the Contractor's responsibility to initiate and maintain safety training and compliance programs that
meet or exceed OSHA standards and all applicable Federal, State and local safety health and environmental
regulations. The Owner maintains the nght to inspect the work site to determine if conditions exist that could
reasonably be expected to cause death, serious physical harm or will compromise the safety and health of the Owner,

AIA Document A201™ ~ 2007. Copyright © 19141, 1915, 1918, 1925, 1937. 1951, 1958, 1961. 1963. 1966. 1970, 1976, 1987, 1997 and 2007 by The American

Institute of Architects. All rights reserved. WARNING: This AIA‘ Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized

reproduction or distribution of this AIA® Document, or any partion of It, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law, This document was produced by AJA software al 14.10 20 ET on 01/10/2020 under Order No 1403731939 which

expires on 09/22/2020, and is not for resate

User Notes: (4145984853)

including visitors and contractor's employees and sub-employees. [f such conditions exist, the Owner has the night to
suspend work if deemed unsafe.

§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY

If either party suffers injury or damage to person or property because of an act or omission of the other party, or of
others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured,
shall be given to the other party within a reasonable time after discovery The notice shall provide sufficient detail to

enable the other party to investigate the matter.

§ 10.3 HAZARDOUS MATERIALS

§ 10.3.1 The Contractor is responsible for compliance with any requuements included in the Contract Documents
regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the
Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to
persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl
(PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately
stop Work in the affected area and report the condition to the Owner and Architect in writing.

§ 10.3.2 Upon receipt of the Contractor's wnitten notice, the Owner shall obtain the services of a licensed laboratory to
verify the presence or absence of the material or substance reported by the Contractor and, in the event such material
or substance 1s found to be present, to cause it to be rendered harmless. Unless otherwise requited by the Contract
Documents, the Owner shail furnish in writing to the Contractor and Architect the names and qualifications of persons
or entities who are to perform tests verifying the presence or absence of such material or substance or who are to
perform the task of removal or safe containment of such material or substance The Contractor and the Aschitect will
promptly reply to the Owner in writing stating whether or not either has reasonable obyection to the persons or entities
proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the
Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection.
When the material or substance has been rendered harmless, Work in the affected area shall resume upon written
agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the
Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and

Start-up

§ 10.3.3 To the fullest extent permitted by taw, the Owner shall indemnify and hold harmless the Contractor,
Subcontractors, 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 attorneys’ fees, arising out of or resulting from
performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
death as described in Section 10.3.1 and has not been rendered harmiess, provided that such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
{other than the Work itself}, except to the extent that such damage, loss or expense is due to the fault or negligence of

the party seeking indemnity

§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings ta
the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible
for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or
negligence in the use and handling of such materials or substances.

§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a
material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to
perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault

or negligence.

§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for
the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the
Contract Documents, the Owner shali indemnify the Contractor for all cost and expense thereby incurred.

Init AIA Document A2G1™ ~ 2007, Copyright © 1914, 1915 1918, 1925 1937, 1951, 1959, 1961 1963, 1966, 1970, 1976, 1987 1997 and 2007 by The American
lastilute of Archilects. All rights reserved WARNING: This ALA® Document is prolected by U 5. Copyrigh! Law and International Treaties. Unaulhorized = 99
feproduction or distrlbuton of this AIAT Bocumenl, of any porlion of It, may result In severe c vil and criminal penalties, and will be prosecuted to Ihe
t maximum extent possible under the law. Thes document was praduced by AIA software at 14 10°20 ET on 01/10/2020 under Order No 1403731939 which
expires on 09/22/2020, and is nol for resale
User Noles {1145984853)

init.

§ 10.4 EMERGENCIES

In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to
prevent threatened damage, injury or loss Additional compensation or extension of tune claimed by the Contractor on
account of an emergency shall be determined as provided in Article 15 and Article 7

ARTICLE 11 INSURANCE AND BONDS
§ 11.1 CONTRACTOR'S LIABILITY INSURANCE
§ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do
business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set
forth below which may arise out of or result from the Contractor’s operations and completed operations under the
Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them
may be lable:
Claims under workers’ compensation, disability benefit and other simitac employee benefit acts that are
applicable to the Work to be performed;
2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the
Contractor's employees,
3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the
Contractor’s employees;
4 =~ Claims for damages insured by usual personal injury hability coverage,
5 Ctaims for damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
& = Claims for damages because of bodily injury, death of a person or property damage ansing out of
ownership, maintenance or use of a motor vehicle;
Claims for bodily injury or property damage arising out of completed operations; and
8 =~ Claims involving contractual liability insurance applicable to the Contractor’s obligations under
Section 3.18.

ay

§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the
Contract Documents or required by law, whichever coverage is greater, Coverages, whether written on an occurrence
or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the
date of final payment and termination of any coverage required to be maintained after final payment, and, with respect
to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such
other period for maintenance of completed operations coverage as specified in the Contract Documents

§ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner 10 days prior to
commencement of the Work and thereafter upon renewal or repfacement of each required policy of insurance. These
certificates and the insurance policies required by this Section {1.1 shall contain a provision that coverages afforded
under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to
the Owner An additional certificate evidencing continuation of liability coverage. including coverage for completed
operations, shall be submilted with the final Application for Payment as required by Section 9.10.2 and thereafter upon
renewal or replacement of such coverage until the expiration of the time required by Section 11 1 2. Information
conceming reduction of coverage on account of revised lumits or claims paid under the General Aggregate, or both,
shall be furnished by the Contractor with reasonable promptness

Contractor shall carry and maintain in effect during the performance of services under this contract

Comprehensive or Commercial General Liability insurance which shall include contractual, XCU, products and
completed operations liability coverages. Bodity injury and property damage with combined single limits of not less
than $1,000,000 per occurrence, and if written on an aggregate basis, $2,000,000 aggregate Inmit - include per project
aggregate endorsement. The Owner must be named as an additional insured,

* Commerical Automobile Liability insurance endorsed for “any auto” with combined single hmits of liability
of not less than $1,000,000 each occurrence. The owner must be named as an additional insured;

* And Workers’ Compensation insurance in compliance with the State of New Hampshire statutes,
$100,000/$500,000/$ 100,000

AlA Document A20t™ = 2007. Copynghl © 1911, 1945, 1918. 1925. 1937, 1951, 1958. 1961, 1963, 1966, 1970, 1976. 1987, 1997 and 2007 by The American
institute of Architects. All rights reserved, WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized
repraductian or distribution of this AIA* Oocument, or any portion of It, may result In severe civil and criminal penalties, and will be prasecuted to the
maximum extant possible under Ihe law. This document was produced by AIA software at 14 10:20 ET on 01/10/2020 under Order No 1403731939 which

expires an 09/22/2020 and is not far resale

User Notes: (1146984853)

29

George Russell

Experience

2018-Present

Bartis Russell Broadcasting, LLC
Owner/Operator/Broadcaster Responsible for all functions of

Commercial Radio Broadcasting. Content, Stream, Video Stream,
Engineering, Finances, Clients and Hosts, Software, Pre and Post
Production Editing, Employees, Community Engagement, Social
Media, Countless Application Software and Servers, and most
importantly all sales.

2006-2018

Absolute Broadcasting
WSMN1580 Nashua Morning Drive Host 6-9a Responsibilities

included all Content, Stream, Video Stream, Engineering, Clients
and Hosts, Software, Pre and Post Production Editing, Community
Engagement, Social Media, Station Advertising Sales

2000-2006

Vinicoor Broadcasting
WNTK 90.7fm new London, NH Morning Drive Host 6-10am

Responsibilities included all Content, Engineering, Clients and Hosts,
Software, Pre and Post Production Editing, Community
Engagement, Station Advertising Sales

Owner/Operator/Broadcaster
Professionally Broadcasting for 22 Years
Winner of 12 New Hampshire Association
of Broadcasters Golden Mic Awards

Accomplishments

{2 NHAB Awards
1 NAB Award

Skills

e Critical thinking

e Creativity

e Leadership

e Problem Solving
e Teamwork

e Customer Service
« Communications
e Public Speaking

Contact

196 Main Street Suite 200
Nashua, NH 03060
603-809-6429

wsmn.live
george@wsmn.live

None of the requirements as to types and limits to be maintained by Contractor are intended to and shall not in any
manner limit or qualify the liabilities and obligations assumed by Centractor under this contract. The Owgner shall
not maintain any insurance on behalf of Contractor. Subcontractors are subject to the same insurance requirements as
Contractor and it shall be the Contractor's responsibility to ensure compliance of this requirement

The parties agree that Contractor shall have the status of and shall perform all work under this contract as an
ladependent contractor, maintaining control over all its consultants, sub consultants, contractors, or subcontractors
The only contractual relationship created by this contract is between the Owner and Contractor, and nothing in this
contract shall create any contractual relationship benveen the Owner and Contractor's consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Contractor is not the Owner's employee and that there shall
be no

(1) Withholding of income taxes by the Owner:

(2) [Industrial insurance coverage provided by the Owner;

(3) Participation in group insurance plans which may be available to employces ofithe Owner,

(4) Participation or contributions by either the independent contractor or the Owner to the public employee s
retirement system;

(5) Accumulation of vacation leave or sick leave provided by the Owner;

(6) Unemployment compensation coverage provided by the Owner.

© All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance

= Ifaggregate limits of less than $2,000,000 are imposed on bodily injury and property damage, Contractor
must maintain umbrella liability insurance of at least $1,000,000. All aggregates must be fully desclosed on
the required certificate of insurance.

=" The specified insurance requirements do not relieve Contractor of its responsibilities or limit the amount of
its liability to the Owner or other persons, and Contractor is encouraged to purchase such additional
insurance, as it deems necessary.

"The insurance provided herein is primary, and no insurance held or owned by the Owner shall be called upon
to contribute to a loss.

§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include
(1) the Owner, the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part
by the Contractor's negligent acts or omissions during the Contractor's operations, and (2) the Owner as an additional
insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor’s
completed operations.

§ 11.2 OWNER’S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance.

§ 11.3 PROPERTY INSURANCE

§ 11.3.1 Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project ts located, property insurance written on a builder's
risk “all-risk” or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract
Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the
site on a replacement cost basis without optional deductibles. Such property insurance shall be mauntained, unless
otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are
beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or
entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered,
whichever is later. Thts insurance shall include interests of the Owner, the Contractor, Subcontractors and
Sub-subcontractors in the Project.

§ 11.3.1.1 Property insurance shall be on an “all-risk" or equivalent policy form and shall include, without limitation,
insurance against the perils of frre (with extended coverage) and physical loss or damage including, without
duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework,
testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any

, 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 Instiltule ol Architects. All eights reserved, WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA* Dacumeni, or any portian of It, may result in severe civil and criminal penalties, and will be prosecuted to the
f maatmum extent 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 not for sesaie.
User Notes: (1145984853)

applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and
expenses required as a result of such insured loss

{Paragraphs deleted)
§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in
transit. The insurance shall include a permission to occupy endorsement.

§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or
companies providing property insurance have consented to such partial occupancy or use by endorsement or
otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
would cause cancellation, lapse or reduction of insurance

§ 11.3.2 BOILER AND MACHINERY INSURANCE (NOTE: Does the contract involve any new boilers, compressors or
pressure vessels? If so, keep Risk in the loop)

The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by
law, which shall specifically cover such insured objects during installation and untif final acceptance by the Owner;
this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work,
and the Owner and Contractor shall be named insureds

§ 11.3.3 LOSS OF USE INSURANCE
The Owner, at the Owner's option, may purchase and maintain such tnsurance as will insure the Owner against loss of
use of the OQwner’s property due to fire or other hazards, however caused.

(Paragraphs deleted)

§ 11.3.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that
includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable
conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that
the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior
written notice has been given to the Contractor

(Paragraphs deleted)

§ 11.3.9 [frequired in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss,
give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds
received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall
distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with
the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such
loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of
damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with
Article 7,

§ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers

§ 11.4 PERFORMANCE BOND AND PAYMENT BOND

§ 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the
Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required
in the Contract Documents on the date of execution of the Contract.

§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of
obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shalt authorize a
copy to be furnished

init AlA Document A201™ ~ 2007. Copy-ight © 1911, 1915, 1918, 1925, 1937, 1951. 1956, 1961, 1963. 1966, 1970. 1976. 1987, 1997 and 2007 by The American
. Institute ol Architects. All rights raserved. WARNING: This AIA® Document ds protected by U.S. Copyright Law and International Treaties. Unauthorized = 9.4
reproduction or distribution of this AIA” Document, or any portion of it, may result In Severe civil and eriminal panatties, and will be prosecuted to the
! maximum extent possible under the law. Ths document was praduced by AIA software al 14°10:20 ET on 04/10/2020 under Order No. 1403731939 which

expires on 09/22/2020. and is not lor resate
User Notes (1145984853)

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK

§ 12.1 UNCOVERING OF WORK

§ 12.1.1 [fa portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed
in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's
examination and be replaced at the Contractor’s expense without change in the Contract Time.

§ 12.1.2 Ifa portion of the Work has been covered that the Architect has not specifically requested to examine prior to
its being covered, the Architect may request to see sucb Work and it shall be uncovered by the Contractor. If such
Work 1s in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate
Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs
and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a
separate contractor in which event the Owner shall be responsible for payment of such costs.

§ 12.2 CORRECTION OF WORK

§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION

The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the
Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated,
installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of
uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby,

shall be at the Contractor's expense.

§ 12.2.2 AFTER SUBSTANTIAL COMPLETION
§ 12.2.2 1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial

Completion of the Work or designated portion thereof or after the date for commencement of warranties established
under Sechon 9 9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the
Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it
promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor
a wntten acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition
During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor
aa Opportunity to make the correction, the Owner waives the rights to require correction by the Contractor. If the
Contractor fails to correct nonconforming Work within a reasonable tune during that period after receipt of notice
from the Owner or Architect, the Owner may correct it in accordance with Section 2.4.

§ 12.2.2.2 The one year period for correction of Work shail be extended with respect to portions of Work first
performed after Substantial Completion by the period of time between Substantial Completion and the actual

completion of that portion of the Work.

§ 12.2.2.3 The oae-year period for correction of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Section 12.2.

§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the
requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.

§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work
that is not in accordance with the requirements of the Contract Documents.

§ 12.2.5 Nothing contained in this Section ]2.2 shall be construed to establish a period of limitation with respect to
other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for
correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to coriect the
Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be
sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's
liability with respect to the Contractor's obligations other than specifically to correct the Work

AIA Document A201" — 2007. Copyaght © 1911, 1915, 1918, 1925, t937, 1954. 1958, 1961 1963. 1966, 1970, 1976 1987, 1997 aid 2007 by The Amer -an
lnstitute of Architects AN rights reserved. WARNING; This AIA? Document ss protected by US Copyright Law aad International Treaties Unauthorized
tepraduction of distribution of this AIAt Document or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum ertent possible under the law. This document was produced by AIA software at 14:10 20 ET on G6/10/2020 under Order No 1403731939 which
expires on 09/22/2020 and is nol far resala.

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§ 12.3 ACCEPTANCE OF NONCONFORMING WORK

[fthe Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
Owner may do so instead of requiring its removal and correction, in which case the Contract Sum wil! be reduced as
appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made

ARTICLE 13 MISCELLANEOUS PROVISIONS

§ 13.1 GOVERNING LAW

The Contract shall be governed by the law of the place where the Project is located All disputes arising from or in
connection with the Contract shall be brought in the State of New Hampshire, Supenor Court Hillsborough South.

§ 13.2 SUCCESSORS AND ASSIGNS

§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal
representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in
Section 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 a lender providing construction
financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documeats. The
Contractor shall execute all consents reasonably required to facilitate such assignmeat

§ 13.3 WRITTEN NOTICE

Written notice shall be deemed to have been duly served if delivered in person to the individual, to 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 or by courier service providing proof of delivery to, the last business address known to the party giving
notice.

§ 13.4 RIGHTS AND REMEDIES
§ 13.4 1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall
be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or availiable by law.

§ 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall stich action or failure to act constitute approval of or acquiescence in a
breach there under, except as may be specifically agreed in writing

§ 13.5 TESTS AND INSPECTIONS

§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents
and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. 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 tests, inspections 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 for such procedures. The Owner
shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or
negotiations concluded, and (2) tests, imspections or approvals where building codes or applicable laws or regulations
prohibit the Owner from delegating their cost to the Contractor

§ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or
approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and
where tesis and inspections are to be made so that the Architect may be present for such procedures. Such costs, except
as provided in Section 13.5.3, shall be at the Owner's expense

§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by
such failure including those of repeated procedures and compensation for the Architect's services and expenses shall
be at the Contractor's expense.

nie AIA Document A201'™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1954, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All righls reserved. WARNING: This AIA Documentis prolected by U $. Copyright Law and International Treaties Unauthorized
reproduction or dislribylion of this AIA" Document. or any portion of i. may resullin severe civil and criminal penalies and willbe prosecuted to the

/ maximum exlent 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 not for resale.
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Init

§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract
Documents, be secured by the Contractor and promptly delivered to the Architect.

§ 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect
will do so promptly and, where practicable, at the normal place of testing.

§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid
unreasonable delay in the Work.

§ 13.6 INTEREST
Intentionally omitted.

(Paragraphs deleted)

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT

§ 14.1 TERMINATION BY THE CONTRACTOR

§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 60 consecutive days through
no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents oc employees or any other
persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the

following reasons:
1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be

stopped;

2 Anactof government, such as a declaration of national emergency that requires all Work to be stopped;

3. Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the
reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made
payment on a Certificate for Payment within the time stated in the Contract Documents; or

4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable
evidence as required by Section 2.2.1.

§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor om a Subcontractor,
Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under
direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the
Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days
scheduled for completion, or 120 days in any 365-day period, whichever is less.

§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written
notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed,
including reasonable overhead and profit, casts incurred by reason of such termination, and damages

§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a
Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with
the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract
Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional
days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided tn

Section 14.1.3.

§ 14.2 TERMINATION BY THE OWNER FOR CAUSE
§ 14.2.1 The Owner may terminate the Contract if the Contractor
1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
2 fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors;
3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regutations, or lawful
orders of a public authority; or
4 otherwise is guilty of substantial breach of a provision of the Contract Documents.

§ 14.2.2 When any of the above reasons exist, the Owner, upon certification by the [nittal Decision Maker that
sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and

AIA Document A201™ - 2007. Copyright © 1911, 1918, 1918, 1925, 1937, 1951, 1953, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Archilects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties Unaulhorized
reproduchon or distriaution of this AIAt Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maxzirnum extent possible under the law This document was produced by AIA software at 14:10:20 ET on 01/10/2020 under Order No 1403731939 which
expires an 09/22/2020, and és not for resale,

User Notes: (1145984853)