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other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one vear as described in Subparagraph 12.2.2 relates only to the ~ecific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Con~act shall be governed by the law of the p(ace where the Project is located. The Work shall comnlv ~~~ all anolicable laws, statutes, ordinances, codes, rules. reeulations or orders durine its _performance and at its com~letion. (nsert Y: 13.1.2 Historical lack of enforcement of anv local law shall not constitute a waiver of Contractor's resoonsibilitv for comnliance with such law in a manner consistent with the Contract Documents unless and until the Contractor has received written consent for the waiver of such comoliance from the Owner and the aeencv resnonsible for the local law enforcement. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Conh-actor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documenu. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an o~cer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. _ Notices mav also be served ~ telecony or facsimile transmission, or any other form of electronic communication, and shall be effective u~on receipt 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and righu and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or availabte by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or ~~; ~se~"~e~-feg~a~ie~s-e~-er~er~s-e€ public authorities having jurisdiction shall be made at a~t the appropriate time. i-3~~ess-ed~e~ise~~};-~e The Contractor wilt schedule and coordinate all s#~a~ -~a~e -a~get~et~s ~ such tests, inspections or a~ approvals and will eive the Architect and Owner timelv notice of when and where tests and inscections will be made so that thev mav be nresent for such nrocedures > , . ~e -tests -a~ ~~s~est~ees ~e ~e ~e -~e ~e ~te -Afs#~i~es~- ~a~}` -e~iser~e -sac-4~ -~ese~fes- The Owner will sHa~~ bear costs of such tesu, inspections ef and approvals which, when appronriate, will be conducted bv indenendent laboratories or entities selected~ the Owner._~e-eeE~ese~e-~e~e~e~~ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under vwner-~oniractor Agreement General Conditions Supplement (For AIA Doc. A201) ~age - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7I1999 -- Page #36