ARTICLE 10 — TIME
1.
2.
Time limits stated in the Contract Documents are of the essence of the Contract.
if Access AV is delayed at any time in progress of the work by changes ordered in the
work, the Contract Time shall be extended by Change Order for such reasonable time as
may be determined.
ARTICLE 11 - PAYMENTS AND COMPLETION
1.
The Contract Sum stated in the Agreement, including authorized adjustments by Change
Order, is the total amount payable by the City of Nashua to Access AV for timely and
satisfactory performance of the Work under the Contract Documents.
After Access AV has submitted an Application for Payment (invoice), the City of Nashua
shail make payment in the manner provided in the Contract Documents{it].
Access AV shall promptly pay each subcontractor out of the amount paid to Access AV
on account of such entities’ portion of the Work.
The City of Nashua shall have no responsibility for the payment of money to a
subcontractor.
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 the City of Nashua can occupy or utilize the work for its intended use.
When all work or designated portion thereof is substantially complete, Access AV and
City of Nashua shall establish responsibilities for completion and shall fix the time within
which Access AV shall finish all items on the list. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work or
designated portion thereof unless otherwise provided under contract.
Upon receipt of a final invoice, the City of Nashua will inspect the work. When it is
determined that the work is acceptable and the Contract fully performed, the City of
Nashua will prompily issue a final payment request including any retainage to City
Finance.
Acceptance of final payment by Access AV or subcontractor 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 invoice.
ARTICLE 12 - PROTECTION OF PERSONS AND PROPERTY
1.
Access AV shall be responsible for initiating, maintaining and supervising all safety
precautions and programs, including all those required by law in connection with
performance of the Contract. Access AV shall promptly remedy damage and loss to
property caused in whole or in part by Access AV, or by anyone for whose acts Access
AV may be liable.
ARTICLE 13 - CORRECTION OF WORK
1.
Access AV shail promptly correct work rejected by the City of Nashua as failing to
conform to the requirements of the Contract Documents. Access AV shall bear the cost
of correcting such rejected work.
lf Access AV fails to correct nonconforming work within a reasonable time, the City of
Nashua may correct it and Access AV shall reimburse the City of Nashua for the cost of
the correction.
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