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<br />2) This Agreement, including any Change Orders or amendments thereto;
<br />3) The Construction Documents.
<br />A conflict exists when the same subject matter is addressed by two or more provisions of the Contract Documents in a manner that
<br />cannot be reconciled to give effect to all provisions. In the various parts of the Contract Documents where reference is made to
<br />applicable codes and standards, the Work shall, except as otherwise specified, conform to the latest issue of the referenced code or
<br />standard available at the time the Work is performed.
<br />Any technical reports, energy audits or studies, or engineering studies or reports that may be furnished to Contractor are not a part of
<br />the Contract Documents (unless expressly included by reference to title, date, and author in the relevant Work Order), but Contractor
<br />nevertheless shall be entitled to rely on their accuracy and completeness.
<br />The intent of the Contract Documents is to include in the Work all labor, materials, equipment, tools, plans, water, light, power and other
<br />items necessary for Contractor to provide a complete workmanlike job. The titling and division of drawings and specifications by trades
<br />or other classifications is for convenience only. Contractor shall not be relieved of performing or furnishing any part of the Work or be
<br />entitled to extra compensation by the fact that any part of the Work could have been included under another title or division.
<br />Section 3.03 Unforeseen Conditions. In the performance of the Work, if Contractor encounters conditions at the Site that are (i)
<br />subsurface or otherwise concealed physical conditions that differ materially from the conditions reasonably observed by Contractor in
<br />connection with its supplying the written estimate for the Work, or (ii) unknown physical conditions of an unusual nature that differ
<br />materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and
<br />character as the Work, Contractor shall notify Owner of such conditions promptly, prior to significantly disturbing the same. Upon receipt
<br />of Contractor’s notice, Owner may investigate the claimed unforeseen condition. In the event that Owner disagrees that an unforeseen
<br />condition exists, Contractor may elect to pursue a claim pursuant to the requirements of this Agreement. However, if Owner determines
<br />that an unforeseen condition exists and elects to proceed with the Work, a Change Order will be issued that sets forth a mutually
<br />agreeable equitable adjustment to the Agreement Price and/or Contract Time. Should Customer not authorize the performance of
<br />additional Work or should Owner elect not to proceed with the Work, the Work Order (or portion thereof) will be subject to termination
<br />for convenience hereunder. In the event that a complete suspension of the Work is impractical or unreasonable based on the status of the
<br />Work at the time of the discovery of the unforeseen condition, Contractor shall act reasonably to protect the Site from any damage.
<br />Section 3.04 Hazardous Substances. Except with respect to refrigerants, glycol, and oils usually associated with heating, ventilating,
<br />and/or air conditioning equipment and except for ballasts and lamps, and except as expressly provided otherwise in Contractor’s Scope
<br />of Work, Contractor’s Work excludes any work connected or associated with Hazardous Substances. Subject to the exceptions in the
<br />preceding sentence, Hazardous Substances means any pollutant, contaminant, toxic or hazardous substance, material or waste, any
<br />dangerous, potentially dangerous, noxious, flammable, explosive, reactive or radioactive substance, material or waste, urea
<br />formaldehyde, asbestos, asbestos-containing materials (“ACM’s”), polychlorinated biphenyl (“PCB”), and any other substance, the
<br />manufacture, preparation, production, generation, use, maintenance, treatment, storage, transport, disposal, handling, or ownership of
<br />which is regulated, restricted, or prohibited, by any federal, state, or local statute, law, ordinance, code, rule or regulation now or at any
<br />time hereafter in effect, and as may be amended from time to time, including but not limited to, the Comprehensive Environmental
<br />Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. §§ 1801
<br />et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C.
<br />§§ 1251 et seq.), the Clean Air Act (42 U.S.C. §§ 7401 et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. §§ 2601 et
<br />seq.), and the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.).
<br />Contractor shall not perform any identification, abatement, cleanup, removal, transport, treatment, storage or disposal of Hazardous
<br />Substances as a part of Contractor’s Work. Should Contractor become aware of or suspect the presence of Hazardous Substances in
<br />the course of performing the Work which have not been disclosed by Owner, or which present or may present a hazard to or endanger
<br />health welfare or safety, Contractor shall immediately stop work in the affected area and notify Owner of the Hazardous Substances.
<br />Owner will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and
<br />regulations. Owner shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or
<br />relating to any Hazardous Materials on or about the premises, not brought onto the premises by Contractor. Contractor shall be required
<br />to resume performance of the Work in the affected area only when the affected area has been rendered harmless, and only after an
<br />equitable adjustment to the Agreement Price and the Contract Time is agreed upon.
<br />Article 4 - Workmanship and Warranty
<br />Section 4.01 Professional Services. To the extent Contractor’s scope of Work includes Professional Services, Contractor shall perform
<br />those Professional Services consistent with the professional skill and care ordinarily provided by other professionals practicing in the
<br />same or similar locality under the same or similar circumstances. The Contractor shall perform its Professional Services as expeditiously
<br />as is consistent with such professional skill and care and the orderly progress of the Project.
<br />Section 4.02 Instruments of Service. Contractor warrants that it is the copyright owner of any Instruments of Service delivered as part
<br />of the Professional Services, or that it has permission from the copyright owner to transmit such information for use on the Project.
<br />The Contractor and its subconsultants shall be deemed the authors and owners of their respective Instruments of Service, and shall
<br />retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to
<br />meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in
<br />derogation of the reserved rights of the Contractor or its subconsultants.
<br />Docusign Envelope ID: 25E6F8BF-2DC9-828C-811A-1377E8921918
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