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addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law.
<br />§13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded
<br />them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,
<br />exceptas may be specifically agreed upon in writing.
<br />§13.4 Tests and Inspections
<br />§13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by
<br />applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise
<br />provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing
<br />laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests,
<br />inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are
<br />to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or
<br />approvals that donot become requirements until after bids are received or negotiations concluded. The Owner shall directly
<br />arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require.
<br />§13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require
<br />additional testing, inspection, or approval not included under Section13.4.1, the Architect will, upon written authorization
<br />from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity
<br />acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections
<br />are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section13.4.3,
<br />shall be at the Owner’s expense.
<br />§13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the
<br />Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure,
<br />including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the
<br />Contractor’s expense.
<br />§13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents,
<br />be secured by the Contractor and promptly delivered to the Architect.
<br />§13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do
<br />so promptly and, where practicable, at the normal place of testing.
<br />§13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable
<br />delay in the Work.
<br />§13.5Interest
<br />All payments to the Contractor shall be governed by the Prompt Payment Act, provided, however, that the interest rate for
<br />payments due but unpaid shall be four percent (4.00%) per annum.
<br />§13.6Record Keeping—Availability and Retention
<br />Pursuant to Minnesota Statutes, Section 16C.05, subd. 5, Contractor agrees that the books, records, documents and accounting
<br />procedures and practices of Contractor, that are relevant to the Contract or transaction, are subject to examination by the Owner
<br />and the state auditor for a minimum of six (6) years. Contractor shall maintain such records for a minimum of six (6) years
<br />after final payment.
<br />§13.7Data Practices
<br />Pursuant to Minnesota Statutes, Section 13.05, subd. 11, all of the data created, collected, received, stored, used, maintained, or
<br />disseminated by Contractor in performing this contract is subject to theapplicablerequirements of the Minnesota Government
<br />Data Practices Act (“MGDPA”), Minnesota Statutes Chapter 13. The Parties acknowledge that this Contract is subject to the
<br />applicable requirements of the MGDPA. The Contractor agrees to cooperate with the Owner with respect to the Owner’s
<br />obligations to comply with the requirements of the MGDPA.
<br />§13.8Non-Discrimination
<br />Pursuant to Minnesota Statutes, Section 181.59, the Contractor will take affirmative action to ensure that applicants are
<br />AIA Document A201 –2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
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