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Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly
<br />waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall
<br />pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by
<br />the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract.
<br />§14.3 Suspension by the Owner for Convenience
<br />§14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in
<br />part for such period of time as the Owner may determine.
<br />§14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay,
<br />or interruption under Section14.3.1. No adjustment shall be made to the extent
<br />.1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which
<br />the Contractor is responsible; or
<br />.2 that an equitable adjustment is made or denied under another provision of the Contract.
<br />§14.4 Termination by the Owner for Convenience
<br />§14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.
<br />§14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall
<br />.1 cease operations as directed by the Owner in the notice;
<br />.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and
<br />.3 except for Work directed to be performed prior to the effective date of termination stated in the notice,
<br />terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase
<br />orders.
<br />§14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly
<br />executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the
<br />termination fee, if any, set forth in the Agreement.
<br />ARTICLE15 CLAIMSANDDISPUTES
<br />§15.1 Claims
<br />§15.1.1Definition
<br />A Claim is a demand or assertion by Contractorseeking, as a matter of right, payment of money, a change in the Contract
<br />Time, or other relief with respect to the terms of the Contract. The responsibility to substantiate Claims shall rest with the
<br />Contractor. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in
<br />accordance with the Contract Documents.Nothing in this paragraph 15.1.1 is intended to apply to or in any way limit the
<br />Owner’s right to make Claims related to or arising out of the Contract.
<br />§15.1.2TimeLimitsonClaims
<br />The Owner and Contractor shall commence all causes of action against the other and arising out of or related to the Contract,
<br />whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute
<br />resolution method selected in the Agreement and within the time period specified by applicable law.
<br />§15.1.3 Notice of Claims
<br />§15.1.3.1 Claims by the Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the
<br />period for correction of the Work set forth in Section12.2.2, shall be initiated by written notice to the Ownerand to the Initial
<br />Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by the
<br />Contractor under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim
<br />or within 21 days after the Contractor first recognizes the condition giving rise to the Claim, whichever is later.As a condition
<br />to making a claim for additional costs, the Contractor shall maintain and produce accurate records to substantiate all additional
<br />costs actually incurred and such substantiation shall be made within a reasonable time to be entitled to the relief requested.
<br />§15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after
<br />expiration of the period for correction of the Work set forth in Section12.2.2, shall be initiated by notice to the other party. In
<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
<br />reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents”are trademarks of The
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