Terms and conditions 

Documents, when the Owner performs construction or operations related to the Project with the Owner's forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10 and 11. 6.1.5 The General Contractor shall be responsible for scheduling the Work of all contractors, the progress schedule for all prime contractors for this Project, and the Designer's gner'scationny changes in the progress schedule. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate Contractors reasonable opportunity to introduce and store their materials and equipment and perfoactstheir activities and shall connect andContractor'sthe Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2Contractor'sthe Contractor's Work depends on proper execution or results upon construction or operations by the Owner or a separate Contractor; the Contractor shall, before proceeding with that portion of the Work, promptly report to the Designer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowleOwner'sthat the OwneContractors'ate Contractors' completed or partially completed construction is fit and properContractor'sthe Contractor's Work, except for defectsdisableasonably discoverable. 6.2.3 Costs caused by delays, improperly timed activities, defective construction, or any other damages shall be borne by the party responsible. The Owner shall not be liable nor responsible for any delays or damages to the Contractor caused by separate Contractors or the Designer. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate Contractors as provided in Paragraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate Contractor shall be subject to the provisions of Sections 4.2 and 4.4, provided the separate Contractor has reciprocal obligations. 6.2.6 The Owner and each separate Contractor shall have the same cutting and patching responsibilities as described for the Contractor inOWNER'Saph 3.13. 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.14, the Owner may clean up and allocate the cost among those responsible as the Designer determines to be. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive, or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Designer; a Construction Change Directive requires agreement by the Owner and Designer and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Designer alone under Paragraph 7.4. 7.1.3 Changes shall be performed under applicable Provisions of the Contract Documents. The Contractor shall proceed promptly unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.1.5 Overhead and profit shall not exceed 15% of the value of labor and material for Work peSubcontractory Contractor or subcontractor. If a subcontractor performs the worktime Contractor's OverheaOverheadofit shall not exceed 5%. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Designer and signed by the Owner, Contractor, and Designer, stating their agreement upon all of the following: (1) a change in the Work; (2) the amount of the adjustment in the Contract Sum, if any; and (3) the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used toact Sum adjutor determine Contract Sum adjustmentsstmentsse listed in Paragraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Designer and signed by the Owner and Designer, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used without total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; unit prices stated in the Contract Documents or subsequently agreed upon; cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or (4) as provided in Paragraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the changContractor'sk involved and advise the Designer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction ChContractor'sve signed by the Contractor indicates the Contractor's agreement in addition to that, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Designer based on reasonable expenditures and savings of those performing the Work attributable to the change, including in case of an increase in the Contract Sum, a reasonable allowance for Overhead and profit. In such case, Overhead under clause 7.3.3(3), the Contractor shall keep and present, in such form as the Designer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for this Paragraph 7.3.6 shall be limited to the following: costs of labor, including social security, old age workers'ployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; costs of materials, supplies, and equipment, including the cost of transportation, whether incorporated or consumed; rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. 7.3.7 Pending final determination of the cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for deletion or change which results in a net decrease in the Contract Sum shall be the actual net cost as confirmed by the Designer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for Overhead and profit shall be figureOverhead the basis of net increase, if any, concerning that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Designer for determination. 7.3.9 When the Owner and Contractor agree with the determination made by the Designer concerning the adjustments in the Contract Sum and Contract Time or otherwise reach an agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK The Designer will have the authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period, including authorized adjust'Work'sallotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 Thpo'Werk's commencement dates commencement dateished in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 T" e substantial compate is the dcompletion dateied by the Designer by Paragraph 9.9. 8.1.4 The term "day" used in thentract Documents shall mean calendar day unless otherwise dROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the Contractor'she Contract. By executing the Agreement, the Contractor confirms that the Contract Time is reasonable for perfming the Wo Contractor and the Contractor's surety shall be liable for and shall pay the Owner such sums as shall be outlined in the Agreement between Owner and Contractor as liquidated damages each calendar day of delay until the Work is substantially complete. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere before the effective date of insurance required by the Contract for Construction to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Designer, the Contractor shall notify the Owner and Designer in writing not less than five days before commencing the Work. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the progress of the Work by an act or neglect of the Owner or Designer, or of an employee of either, or of a separate Contractor'smployed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidably casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending litigation, or by other causes which the Designer determines may justify the delay. The Contract Time shall be extended by Change Order for a such reasonable time as the Designer may determine. 8.3.2 Claims relating to time shall be made by applicable provisions of Paragraph 4.2.8. 8.3.3 Should the Work be interrupted or hindered by the Owner or Designer, the Contractor shall be entitled to an extension of time under Paragraph 4.2 in an amount equal to such interruption or hindrance, but such interruption or hindrance shall not constitute a claim for damages nor loss of anticipated profits by the Contractor. 8.3.4 Should the Work be delayed in whole by any act or acts of the Contractor, the Contractor shall not be entitled to an extension of time under Paragraph 4.2, nor shall such delay constitute a claim either for damages or for loss of anticipated profits by the Contractor. Should the Work be delayed in part by any act or acts of the Contractor and in part by any act or acts of the Owner or Designer, the Contractor shall be entitled to an extension of time under Paragraph 4.2 in an amount equal to that portion of the delay for which the Contractor is not responsible. Still, such delay shall not constitute a claim either for damages or for loss of anticipated profits by the Contractor. 8.3.5 Should the Work be delayed, interrupted or hindered, in whole or in part, by any act or acts of any separate prime contractors, the Contractor shall be entitled to an extension of time under Paragraph 4.2.8 in an amount equal to such delay, interruption or hindrance but such delay, interruption or hindrance shall not constitute a claim for damages nor loss of anticipated profits by the Contractor. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES Before the first Application for Payment, the Contractor shall submit to the Designer a Schedule of Values allocated to various portions of the WoContractor's in such form and supported by such data to substantiate its accuracy as the Designer may require. This Schedule of Values, unless objected to by the Designer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least twenty (20) days before the date established for each progress paymeContractor'sractor shall submit to the Designer an itemized Application for Payment for operations completed by the schedule of values. Such application shall be notarized, supported by such data substantiating the Contractor's right to payment as the Owner or Designer may require, such as copies of requisitions from subcontractors and material suppliers and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.2 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.3 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.4 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stoOwner's the site at a location agreed upon in writing. Payment for mateOwner'snd equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest and shall include applicable insurance, storage,, and transportation to the site for such materials and equipment stored off the site. 9.3.5 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the timeContractor's The Contractor further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities claiming because of having provided labor, materials, and equipment relating to the Work. 9.3.6 Provided an Application for Payment is received by the Designer no later than the noth (10th) day of a month, the Owner shall make payment to the Contractor no later than the nortieth (30th) day of the month. 9.4 RETAINAGE To ensure proper performance of this Contract, the Owner shall retain five percent (5%) of the amount of each approved Application for Payment until the project work is 50% completeContractor'sat the Contractor continues to perform satisfactorily and any non-conforming work identified in writing prior to that date has been corrected by the Contractor and accepted by the Owner. Suppose the Owner determSupposees the Contractor'sPojectrformance is unsatisfactory. In that case, the Owner may rei. In that case,state retainaContractor'sount of 5% for each subsequent periodic Application for Payment until the Contractor's performance becomes satisfactory. The Project shall be deemed fifty percent (50%) complete when the Contractor's gross project invoices, excludicontractor's of materials stored off-site, equal or exceed fifty percent (Project the value of the contract, except the value of materials stored oProjectshall not exceed twenty percent (20%) of the Contractor's gross project invoices for the purpose of determining whether the Project is fifty percent (50%) complete. Following 50% completion Projectproject, the Owner may also withhold additional retainage from any subsequent periodic payment, not to exceed 5%, to allow the Owner to retain two ½% total retainages through the completion of the Project. Within sixty (60) days after the submission of a final pay application, the Owner, with the written consent of the Surety, shall Project to the Contractor all retainage on payments held by the Owner Projectthe Owner receives a certificate of substantial completion from the architect, DeProjector design consultant in charge of this Project, or (2) the Owner receives beneficial occupancy or use of the Project. However, the Owner may retain sufficient funds to secure the completion of the Project or corrections to any work. If the Owner retains funds, the amount rContractor'sl not exceed two and one-half times the eContractor'st of the Work to be completed or corrected. Any reduction in the amount of retainage on payments shall be with the consent of the Contractor's Surety. Retainer provisions contained n Contractor's subcontracts may not exceed the terms and conditions for retainage provided herein. The Contractor is further required to satisfy the retainage provisions of N.C.G.S. 143- 134.1(b2) about subcontracts for early finishing trades (structural steel, piling, caisson, and demolition) and to coordinate the release of retainage for such trades from the retainage held by Owner form the Contractor pursuant to statute. Nothing herein shall prevent the Owner from withholding payment to the Contractor in addition to the amounts identified herein for unsatisfactory job progress, defective construction not remedied, disputed Work, or third paContractor'siled against the Owner or reasonable evidence that a third party claim will be filed. 9.5 CERTIFICATES FOR PAYMENT 9.5.1 The Designer will, within seven days after receipt of the Contractor's Application for Payment, eitherDesigner'sthe Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Designer dDesigner'sis properly due, or notify the Contractor and Owner in writing of the Designer's reasonsDesigner'solding certification in whole or in part as provided in Contractor's6.1. 9.5.2 The Designer's certification for payment shall constitute a representation to the Owner, based on the Designer's inspections at the site and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that the inspections of the construction, repairs, or installations have been conducted with the degree of care and professional skill and judgment ordinarily exercised by a member of his prDesigner'sand that to the best of his knowledge and in the professional opinion of the Designer, the Contractor has fulfilled the obligations of such plans, specifications, and contract. The Designer's certification for payment shall be signed and sealed by the Designer and presented to the Owner. 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 minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Designer. The issuance of a Certificate for Payment shall further constitute a representation by the Designer, that the Contractor is entitled to payment in the amount certified. 9.6 DECISIONS TO WITHHOLD CERTIFIDesigner's.1 The Designer may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Designer's opinion, the representations to the Owner required by Paragraph 9.5.2 cannot be made. If the Designer is unable to certify payment in the amount of the Application, the Designer will notify the Contractor and Owner as provided in Paragraph 9.5.1. If the Contractor and Designer cannot agree on a revised amount, the Designer will promptly issue a Certificate for Payment for the amount for which the Designer is able to make such representations to the Owner. The Designer may also decide not to certify payment or, becDesigner'sbsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Designer's opinion to protect the Owner from loss due to: defective Work not remedied; third party claims filed or reasonable evidence indicating probable filing of such claims; failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; damage to the Owner or another 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 persistent 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. 9.7 PROGRESS PAYMENTS 9.7.1 After the Designer has issued a Certificate Subcontractorthe Owner shall make payment in the manner and within the time provided in the Contract Documents andSubcatrractor'sy the Designer. 9.7.2 The Contractor shall promSubcontractor Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on accountor'sntractor'ontractor'sfportion of the Work, the amount to which said Subcontractor is entitled, reflecting percentagesSubcontractorained from payments to the Contractor on account of such Subcontractor's portion of the Work. By appropriate agreement with each Subcontractor, the Contractor shall require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 9.7.3 The Designer will furnish to a Subcontractor, upon request and if practicableSubcontractor regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Designer and Owner on account of portions of the Work done by such Subcontractor. 9.7.4 Neither the Owner nor Designer 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. 9.7.5 Payment to material suppliProjectll be treated in a manner similar to that provided in Paragraphs 9.7.2, 9.7.3, and 9.7.4. 9.7.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute accptance of Work not in accordance with the Contract Documents. 9.8 FAILURE OF PAYMENT The Contractor shall not stopprojecr'srpsogressre of the Designer to issue a Certificate of Payment, or the Owner to make timely payment. 9.9 SUBSTANTIAL COMPLETION 9.9.1 Substantial Completion is the stage in the progress of the Project 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. 9.9.2 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 Designer a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and contractor's on the list. Failure to include an item or such list does not alter the responsibility of the Contractor to complete all Work by the contract Documents. Upon receipt of the ContractoContractor'se Designer will inspect to determine whether the Work or designated portion thereof is substantially complete. If the Designer's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Designer. The Contractor shall then submit a request for another inspection by the Designer to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Designer will prepare a Certificate of Substantial Completion, which shall establish the date of Substantial Completion, shall establish the 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. 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. 9.9.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Designer, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.10 PARTIAL OCCUPANCY OR USE 9.10.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when the such portion is designated by separate agreement with the Contractor, provided such occupancy or use is authorized by public authorities having jurisdiction over the Work. 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 substawork'sy complete, the Contractor shall prepare and submit a list to the Designer as provided under Subparagraph 9.9.2. Consent of the CDesigner's partial occupancy or use shall not be unreasonably withheld. The woOwwork'storss stage shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by the Designer'Unl'sision. 9.10.2 Immediately before partial occupancy or use, the Owner, Contractor, and Designer shall jointly inspect the area occupied or a portion of the Work to be used to determine and record the condition of the Work. 9.10.3 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. 9.11 FINAL COMPLETION AND FINAL PAYMENT 9.11.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Designer wilDesigner make such inspections and when the Designer finds tDesigner'sceptable under the Contract Documents and the Contract fully performed, the Designer will promptly issue a Final Certificate for Payment stating that to the best of the Designer's knowledge, information and belief, and base sigedr'n Designer's observations and inspections, the Work has been completed by terms and conditions of the Contract Documents andContractor'stire balance found to be due the Contractor and noted in said Final Certificate is due and payable. The Designer's Final Certificate for Payment will constitute a further representation that the conditions listed in Paragraph 9.11.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.11. Owner'ser final payment nor any remaining retained percentage shall become due until the Contractor submits to the Designer (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 for Construction 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 or additional data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances rising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to attorneys new to indemnify the Owner against the 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. 9.11.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Designer so confirms, the Owner shall, upon application by the Contractor and certification by the Designer, 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 and accepted 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 Designer 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. 9.11.4 Acceptance of final payment by the Contractor, 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 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising al" safety precautions and programs in connectiContractore performance of the ConWorkt and construction of the Project. 10.1.2 In the event the Contractor encounters on the site material Workonably believed to be asbestos or polychlorinated biphenyl (hereinafter APCB”) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report tWorkondition to the Owner and Designer by phone and in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or PCB and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or PCB, or when it has been rendered harmless, by written agreement of the Owner and Contractor, or by final determination by the Designer. 10.1.3 The Contractor shall not be required to prm without consent of Owner and Designer any Work relating to asbestos or PCB. 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 working on