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26 <br /> <br />Revised 12/18 <br /> <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 /> <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 /> <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 /> <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 /> <br />ARTICLE 8. OWNER <br /> <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 /> <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 /> <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 /> <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 /> <br />8.5 The Owner shall pay all permanent acreage fees, governmental impact fees, and meter <br />deposits for permanent utilities. <br /> <br />ARTICLE 9. CONSTRUCTION MANAGER <br /> <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 /> <br />ARTICLE 10. DESIGNER <br /> <br />DocuSign Envelope ID: B2D44CC3-6321-4EF3-AFC6-547186A1261E