2018-325-E AMS - Bordeaux Construction Co. Northern Campus construction

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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 shall relieve the CMAR from responsibility for negligence, for faulty material or workmanship, for breach of any warranty or guarantee, or for failure to comply with the drawings and specifications. The CMAR shall correct any defects due thereto and repair any damage resulting therefrom, which may appear during the guarantee period following final acceptance of the Work in accordance with its warranty and guarantee. The Owner will report any defects as they may appear to the CMAR and establish a time limit for completion of corrections by the CMAR. The Owner will be the judge as to the responsibility for correction of defects. 37. UNCORRECTED FAULTY WORK 37.1. Should the correction of faulty or damaged Work be considered inadvisable or inexpedient by the Owner and the Project Designer, the Owner shall be equitably reimbursed by the CMAR. The reimbursement may be deducted from any amounts due or to become due to the CMAR. Should the cost of such reimbursement exceed the amount due or to become due the CMAR, then the CMAR or its surety, or both, shall be liable for and shall pay to the Owner the amount of said deficiency. The CMAR may in turn deduct such reimbursements from amounts due to responsible Subcontractors including funds retained by the Owner for warranty period. 38. OWNER'S RIGHT TO DO WORK 38.1. If, during the progress of the Work or during the period of guarantee, the CMAR fails to prosecute the Work properly or to perform any provision of the Contract, the Owner, after fifteen (15) days' written notice sent by certified mail, return receipt requested, to the CMAR and the Project Designer, may perform or have performed that portion of the Work. The cost of the Work may be deducted from any amounts due or to become due to the CMAR, such action and cost of same having been first approved by the Project Designer. Should the cost of such action of the Owner exceed the amount due or to become due the CMAR, then the CMAR or its surety, or both, shall be liable for and shall pay to the Owner the amount of said excess. 39. TERMINATION FOR CONVENIENCE 39.1. The Owner may terminate this Contract at any time and for any reason including, without limitation, failure of the parties to reach agreement on any GMP. In the event this Contract is terminated pursuant to this provision, the CMAR shall, as requested by the Owner, cancel all contracts for Work or cooperate with the Owner to assign contracts for Work to the Owner or the Owner's designee. The Owner shall pay the CMAR all costs of the Work incurred by the CMAR, including cancellation costs, settlement costs, demobilization costs and restocking Fees, until all contracts with the CMAR can be canceled or assigned. Otherwise, the CMAR shall only receive its Fee, and general conditions costs incurred through demobilization from the Project, through the date of termination plus a reasonable period for demobilization. 39.2. Termination under this paragraph shall not release either the CMAR or its surety from liability or responsibility for any default or other transaction or occurrence prior to the date of termination and demobilization from the Project. 40. TERMINATION FOR DEFAULT 40.1. If the CMAR fails to begin the Work under the Contract within the time specified, or the progress of the Work is not maintained on schedule, or fails to complete the Work within the time above specified, or shall allow the Work to be performed unsuitably or shall discontinue the prosecution of the Work, or if the CMAR shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against it unsatisfied for a period of seventy -two (72) hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner, the Owner may give notice in writing, sent by certified mail, return receipt requested, to the CMAR and its surety of such Page 38 of 53 Revised 10/17