1300 W MARINE VIEW DR 2018-01-19

i default or breach. The Notice of termination will state the time period in which cure is permitted I and other conditions as the Owner, in its sole judgment, shall deem appropriate. if Contractor fa to remedy the breach or default or any of the terms, covenants, or conditions of this Contract the Owner's satisfaction within the time period specified or the Owner shall have the right toI mate the Contract without any further obligation to the Contractor. Any such termination to default shall not in anyway operate to preclude the Owner from also pursuing all available emedics against Contractor and its sureties for said breach or default- 1-08.10(10) Waiver of Remedies for Any Breach In the event that the Owner elects to waive its remedies for any breach Contractor or any covenant, term or condition of this Contract, such waiver by the Ow r shall not limit the Owner's remedies for any succeeding breach of that or of any other term c enant, or condition of this Contract. 1-08.10(11) Possession and Use of Completed Portions of a Work "The Owner shall have the right to take possession of a use completed or partially completed portions of the work even though the time for com eting the work for such portions may not have expired. Operations and maintenance costs of u of such work will be borne by the Owner. Such possession and use shall not be deemed as ac ptance of the work. If such prior possession or use increases the cost of the work, the Contra r may be entitled to request extra compensation by giving Notice and following the proce res of section 1-04.5 Procedure and Protest by the Contractor and section 1-09.11 Dis les and Claims within five(5) days of each occurrence. The Contractor shall not submit a Co ract Claim for possession by the Owner of portions of the work specifically required in the Co ract Documents to be placed into use and/or operation before completion of the entirety the work- 1-08.10(12) Possession o ncomplete Portions of the Project Should the Contrac r fail to meet any date specified for Substantial Completion or Physical Completion of rk or any portion of work requiring early possession and use by the Owner,the Owner may, er a 10-day Notice to the Contractor, take over such portion or any work that is behind sc ule. In such case, the Owner's Representative will prepare a list of incomplete work taken o r by the Owner. The cost of Owner's work will be charged to and deducted from amounts due t the Contractor. The Substantial Completion date of the entire or a portion of the Project will b stablished as the date when the Owner actually begins using the Project or portion of the roject for its intended purpose. Division of responsibilities between Owner and Contractor, beginning of warranties, and any other issues relating to Substantial ion s a e a specified in section 1-08.5A Substantial Completion 1-08.11 Record Drawings 1-08.11(1) Description This section specifies the requirements for preparing record drawings. The Inspector,with the cooperation and assistance of the Contractor, is responsible for marking up record drawings during the course of construction. The record drawings shall be kept up to date at all times during the course of construction_ The Inspector will verify the record drawings are accurate and complete before accepting the Contractors monthly pay request_ If the record drawings are not current or accurate, the pay request will not be processed. As the contract approaches Final Acceptance, the Inspector and Contractor shall prepare a complete and accurate set of record drawings. The.Inspector must approve the record drawings prior to Final Acceptance. Final Acceptance will not be issued until the record drawings have UP3220-Div. 1 Page SP 1-47 lJune 15,2005