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the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less
<br />than retainage stipulated in the Design -Build Documents, and if bonds have been furnished, the written consent of
<br />surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted
<br />by the Design -Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and
<br />conditions governing final payment, 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 exce ::`;": 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 Design -Build Documents; or
<br />.3 terms of special warranties required by the Design -Build Documents.
<br />§ 9.10.5 Acceptance of final payment by the Design -Builder shall constitute a waiver of claim by the esign-
<br />Builder except those previously made in writing and identified by the Design -Builder as unsealed at the time of final
<br />Application for Payment.
<br />ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
<br />§ 10.1 Safety Precautions and Programs
<br />The Design -Builder shall be responsible for initiating, maintaining and supervising all safety i rebautions and
<br />programs in connection with the performance of the Contract.
<br />§ 10.2 Safety of Persons and Property
<br />§ 10.2.1 The Design -Builder shall be responsible for precautions for the safety of, and 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 onr off the site,
<br />under care, custody or control of the Design -Builder or the Architect, Consultants, or--- Contractors, or
<br />other person or entity providing services or work for the Design -Builder; and
<br />.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,
<br />or structures and utilities not designated for removal, relocation or replacement t course of
<br />construction.
<br />§ 10.2.2 The Design -Builder shall comply with, and give notices required by, applicable laws, st�tuts, ordinances,
<br />codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons b property, or
<br />their protection from damage, injury or loss.
<br />§ 10.2.3 The Design -Builder shall implement, erect, and maintain, as required by existing conditions and
<br />performance of the Contract, reasonable safeguards for safety and protection, including post ig da4n er signs and
<br />other warnings against hazards, promulgating safety regulations, and notify owners and users of ajent sites and
<br />utilities of the safeguards and protections. f'Y
<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 Design -Builder shall exercise utmost care, and carry on uch activities
<br />under supervision of properly qualified personnel. $t
<br />0.2.5 The Design -Builder shall promptly remedy damage and loss (other than damage or loss insured under
<br />property insurance required by the Design -Build Documents) to property referred to in Sections 10.2.1.2 and
<br />10.2.1.3, caused in whole or in part by the Design -Builder, the Architect, a Consultant, a Contr, or anyone
<br />directly or indirectly employed by any of them, or by anyone for whose acts they may be liable ;and for which the
<br />Design -Builder is responsible under Sections 10.2.1.2 and 10.2.1.3; except damage or loss attrf`butabldi to acts or
<br />omissions of the Owner, or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the
<br />Owner may be liable, and not attributable to the fault or negligence of the Design -Builder. The foregQizig obligations
<br />of the Design -Builder are in addition to the Design -Builder's obligations under Section 3.1. 4. 11,
<br />§ 10.2.6 The Design -Builder shall designate a responsible member of the Design -Builder's organization, at the site,
<br />whose duty shall be the prevention of accidents. This person shall be the Design -Builder's superintendent unless
<br />otherwise designated by the Design -Builder in writing to the Owner.
<br />AIA Document A1411K - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA131
<br />Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'6' Document, 2 4
<br />or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
<br />law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is
<br />not for resale.
<br />User Notes:
<br />(3B9ADA54)
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