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§ 9.4 CERTIFICATES FOR PAYMENT

§ 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue to
the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is
properly due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in
whole or in part as provided in Section 9.5.1.

§ 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based
on the Architect’s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the
Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of
the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of
the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests
and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific
qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a
representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate
for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to
check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or
procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data
requested by the Owner to substantiate the Contractor’s right to payment, or (4) made examination to ascertain how or
for what purpose the Contractor has used money previously paid on account of the Contract Sum.

§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION
§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to
protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be
made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the
Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount,
the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such
representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently
discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as
may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible,
including loss resulting from acts and omissions described in Section 3.3.2, because of
defective Work not remedied;
2. third party claims filed or reasonable evidence indicating probable filing of such claims unless security
acceptable to the Owner ts provided by the Contractor;
3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equipment;
4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
5 damage to the Owner or a separate contractor;
6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid
balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or
7 repeated failure to carry out the Work in accordance with the Contract Documents.

§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts
previously withheld.

§ 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option,
issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the
Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the
Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such
payment on the next Certificate for Payment.

§ 9.6 PROGRESS PAYMENTS
§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and
within the time provided in the Contract Documents, and shall so notify the Architect.

§ 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner
the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the

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Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner.

§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of
completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account
of portions of the Work done by such Subcontractor.

§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid
Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted
Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact
Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an
obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law.

§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in
Sections 9.6.2, 9.6.3 and 9.6.4.

§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.

§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,
payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by
the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under
contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary
liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award
of punitive damages against the Contractor for breach of the requirements of this provision.

§ 9.7 FAILURE OF PAYMENT

Intentionally Omitted.

§ 9.8 SUBSTANTIAL COMPLETION
§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for
its intended use.

§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately,
is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be
completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of
the Contractor to complete all Work in accordance with the Contract Documents.

§ 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or
designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not
included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so
that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall,
before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the
Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine
Substantial Completion.

§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate
of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the
Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the
time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by
the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion
thereof unless otherwise provided in the Certificate of Substantial Completion.

§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any,

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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 11.3.1.5 and authorized by public authorities having jurisdiction over the
Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing
concerning the period for correction of the Work and commencement 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 partial 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 and 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 of a 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 stating 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 (1) an affidavit that payrolls, bills for materials 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 certificate 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’ prior written notice has been given to the Owner, (3) a written statement that the Contractor
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 Contractor 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 issuance 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 is 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 governing final payment, except that it shall not constitute a
waiver of claims.

AIA Document A201™ — 2007. Copyright © 1911, 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 AJA? Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 26
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(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 except 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 initiating, 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

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 contro! 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 performance 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 or 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 It is 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 right 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;

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including visitors and contractor’s employees and sub-employees. If such conditions exist, the Owner has the nght 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 requirements 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 written 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 is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract
Documents, the Owner shall 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 Architect will
promptly reply to the Owner in writing stating whether or not either has reasonable objection 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 law, 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 attomeys’ 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 harmless, 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 to
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 shall indemnify the Contractor for all cost and expense thereby incurred.

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Init. Institute of Architects. Alf rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 28
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§ 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 time 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 liable:
1 Claims under workers’ compensation, disability benefit and other similar 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 liability coverage,
5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
6 Claims for damages because of bodily injury, death of a person or property damage arising out of
ownership, maintenance or use of a motor vehicle;
7 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.

§ 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 replacement of each required policy of insurance. These
certificates and the insurance policies required by this Section 11.! 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 submitted 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
concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both,
shall be fumished 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. Bodily 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 limit — 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 limits of liability
of not less than $1,000,000 each occurrence. The owner must be named as an additional insured;

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

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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 Contractor 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
independent 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 between 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 employees of the 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 disclosed 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 is 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 maintained, 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. This 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 fire (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
Institute of Architects. All rights reserved. WARNING: This AIA? Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 30
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
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User Notes: (1145984853)

init.

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 until 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 insurance as will insure the Owner against loss of
use of the Owner’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 If required 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 shall authorize a
copy to be furnished.

AIA Document A201™ — 2007. Copyright © 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 31
reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and wilt be prosecuted to the
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.

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ARTICLE 12. UNCOVERING AND CORRECTION OF WORK

§ 12.1 UNCOVERING OF WORK

§ 12.1.4 Ifa 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 If a 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 such Work and it shall be uncovered by the Contractor. If such
Work is 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 Section 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 written 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
an 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 time 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 shall 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 one-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 12.2 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 correct 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. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S Copyright Law and International Treaties. Unauthorized 3
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
i 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.
User Notes: (1145984853)

The City of Nashua has brought together architects, performing arts center experts, community leaders, arts and
performance organizations, private performance oriented businesses, elected officials, and the broader
community to the conversation. The City and its consultants have produced a report and pian that indicate that
the 201 Main Street Building (formerly Alec's Shoes} would be the best site, and that an audience size of 500-700

is the right fit for the region.

At this time, the City is working through the process of approval for a bond measure for this project. The total
amount of the bond is $15.5 million. This bond will support both purchasing the building, and the construction
and fit up for this modern venue. In addition, project organizers will also have to raise $4 million from private
donations to make the project possible and most importantly - truly feasible. These private funds will ensure an

endowment that will produce substantial revenue, and offset the cost of ongoing operations of the project.

We, the undersigned, petition the Nashus, NH Board of Aldermen to unanimously vote yes on the passage of
legislation relative to bonding the proposed Performing Arts Center at a meeting of the full Board of Aldermen

at 7 pm on Tuesday, September 12th.
Name: je Sica [pe Preanlea

i ane fhrae a) 4 %
Home address: 3 Steitas Ave *2 Nias MR Ward Number od

RSA 456-B:1, Ill, B:2, Il
State of ee names ;
County of ks" Hillebemesi,

©

Signed and Sworn to (or affirmed) before me on the isl day of Ser

(name (s) of persons making statement).

(signature of notarial officer)

(Seal, if any)

Justice of the Peace, State of New Hampshire
Or
Notary Public, State of New Hampshire

My commission expires