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§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault
<br />of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the
<br />Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the
<br />Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the
<br />remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract
<br />Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that
<br />portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to
<br />certification of such payment. Such payment shall be made under terms and conditions governing final payment,
<br />except that it shall not constitute a waiver of claims.
<br />§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
<br />.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;
<br />.2 failure of the Work to comply with the requirements of the Contract Documents; or
<br />.3 terms of special warranties required by the Contract Documents.
<br />§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a
<br />waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
<br />the time of final Application for Payment.
<br />ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
<br />§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS
<br />The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs
<br />in connection with the performance of the Contract.
<br />§ 10.2 SAFETY OF PERSONS AND PROPERTY
<br />§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
<br />prevent damage, injury or loss to
<br />.1 employees on the Work and other persons who may be affected thereby;
<br />.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
<br />site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -
<br />subcontractors; and
<br />.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
<br />roadways, structures and utilities not designated for removal, relocation or replacement in the course
<br />of construction.
<br />§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
<br />rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their
<br />protection from damage, injury or loss.
<br />§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
<br />reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
<br />promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
<br />§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are
<br />necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under
<br />supervision of properly qualified personnel.
<br />§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property
<br />insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in
<br />whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed
<br />by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under
<br />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
<br />anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable,
<br />and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in
<br />addition to the Contractor's obligations under Section 3.18.
<br />Init. AIA DocumentA201TM —2007. Copyrlght0 1888, 1911,1915, 1918,1925, 1937, 1951, 1958, 1961, 1963,1966,1970, 1976, 1987, 1997 and 2007 by The American
<br />Institute or Architects. All rights reserved. WARNING: This AIA" Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized repro- 27
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<br />! extent possible under the law. This document was created on 03106/2015 17:54:14 under the terms of AIA Documents -on -Demand order no. 2009010546,
<br />and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to Its completion.
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