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DocuSign Envelope ID: 12DCC4E1-4D61-4DOE-A2A2-7C6E689613AC <br /> 26 <br /> a) Prior to acceptance of the Work by the Owner, the Contractor shall remove and replace any <br /> part of the permanent building systems damaged through use during construction. <br /> b) Temporary filters shall be installed in each of the heating and air conditioning units, return air <br /> grilles, and other locations to prevent intrusion of dust, dirt, and debris during construction. <br /> Temporary filters shall be removed and replaced with new filters immediately prior to Substantial <br /> Completion. <br /> c) Extra effort shall be maintained to keep the building clean and under no circumstances shall <br /> air systems be operated if finishing operations are creating dust in excess of what would be <br /> considered normal if the building were occupied. <br /> d) When the permanent lighting system is used during construction, lamps shall be replaced <br /> and shall be new on the date of Substantial Completion. <br /> ARTICLE 8. OWNER <br /> 8.1 The Owner shall issue communications and notices to the Contractor through the Designer <br /> to the extent contemplated by the Contract Documents. <br /> 8.2 In case of termination of the employment of the Designer, the Owner shall appoint as <br /> Designer a qualified person who shall have and assume all rights and duties held by the original <br /> Designer. <br /> 8.3 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 /> 8.4 A waiver on the part of the Owner of any breach of any part of the Contractor shall not be <br /> held to be a waiver of any other or subsequent breach. <br /> 8.5 The Owner shall pay all permanent acreage fees, governmental impact fees, and meter <br /> deposits for permanent utilities. <br /> ARTICLE 9. CONSTRUCTION MANAGER <br /> 9.1 The Owner may employ one or more Construction Managers for the purpose of assisting the <br /> Owner, Designer, and Contractor in developing and administering budgets and cost controls, in <br /> evaluating constructability and value engineering proposals, in establishing and maintaining a <br /> critical path method (CPM) schedule, in coordinating and/or expediting the Work with other <br /> projects being constructed by the Owner or others adjacent or near the Work, or for such other <br /> purposes as the Owner may deem appropriate. From time to time the Owner may identify such <br /> Construction Managers(s) to the Contractor in writing identifying any tasks assigned to such <br /> Construction Managers(s). <br /> ARTICLE 10. DESIGNER <br /> Revised 12/18 <br />