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15 <br /> are as set forth in the Contract Documents. <br /> 14. OWNER <br /> a. The Owner shall issue communications and notices to the Contractor through the Designer and <br /> through the Owner's Representative as contemplated by the Contract Documents. <br /> b. The Owner shall have the right to take possession of and use any portion of the Work <br /> notwithstanding the fact that the time for completion of such portion of the Work may not have <br /> expired, but such taking possession and use shall not be deemed an acceptance of any Work <br /> not completed in accordance with the Contract Documents. <br /> c. A waiver on the part of the Owner of any breach of any part of the Agreement by the <br /> Contractor shall not be held to be a waiver of any other or subsequent breach. <br /> d. Owner shall conduct all laboratory and field tests to determine compliance of construction with <br /> the Contract Documents except those laboratory and field tests required elsewhere in the <br /> Contract Documents to be paid by the Contractor. <br /> e. Owner shall contract separately with the Designer to provide architectural and engineering <br /> design for the Project. <br /> 15. MISCELLANEOUS <br /> a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties <br /> and Obligations imposed by state, federal or local law, rules,regulations and ordinances. <br /> b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or <br /> duty granted them under the Contract Documents, nor shall any act or failure to act constitute <br /> any approval except as specifically agreed in writing. <br /> c. The Work shall be tested and inspected as required by the Contract Documents and as required <br /> by law. Unless prohibited by law the costs of all such tests and inspections related to state and <br /> federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building <br /> Codes shall be borne by the Contractor. The costs for material and structural testing shall be <br /> conducted by an independent third party at the expense of the Owner. Delays related to any of <br /> the aforementioned tests and inspections shall not be grounds for delaying the completion of <br /> the work. If any such tests and inspections reveal deficiencies in the Work such that the Work <br /> does not comply with terms or requirements of the Contract Documents and/or the <br /> requirements of any code or law the Contractor is solely responsible for the cost of bringing <br /> such deficiencies into compliance with the terms of the Contract Documents and/or any code <br /> or law. <br /> d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner <br /> reject any portion of the Work for failing to comply with the Contract Documents Contractor <br /> shall immediately, at Contractor's expense, correct the Work. Any such rejection may be <br /> made before or after substantial completion. If applicable, any additional expense borne by the <br /> Designer under this section shall be paid at Contractor's expense. <br /> e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its <br /> entirety without the prior written consent of the Owner. <br /> 16. CONSEQUENTIAL AND LIQUIDATED DAMAGES <br /> Revised November 2011 11 <br />