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§ 3.5 WARRANTY
<br />§ 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the
<br />Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the
<br />Work will be free from defects not .inherent in the quality .required or permitted, and that the Work will conform to
<br />the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions
<br />not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for
<br />damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient
<br />maintenance, improper operation, ornormal wear and tear and_normal usage. If.required by the Architect, the
<br />Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
<br />§.35 TAXES
<br />§ 3.6.1 The Contractor shall pay sales, consumer, use and sinular taxes for the Work provided by the Contractor
<br />which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely
<br />scheduled to go into effect.
<br />§ 3.7 PERMITS, FEES AND NOTICES
<br />§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
<br />permit and other permits and governmental fees, licenses and inspections necessary for proper execution and
<br />completion of the Work which are customarily secured after execution of the Contract and which are legally
<br />required when bids are received or negotiations concluded.
<br />§ 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful
<br />orders of public authorities applicable to performance of the Work.
<br />§ 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with
<br />applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes
<br />that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect
<br />and Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
<br />§ 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and
<br />rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate
<br />responsibility for such Work and shall bear the costs attributable to correction.
<br />§ 3.8 ALLOWANCES
<br />§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items
<br />covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,
<br />but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable
<br />objection.
<br />§ 3.8.2 Unless otherwise provided in the Contract Documents:
<br />.1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and
<br />all required taxes, less applicable trade discounts;
<br />.2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, -profit and
<br />other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but
<br />not in the allowances;
<br />.3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly
<br />by Change Order. The amount of the Change Order shall reflect (1) the difference between actual
<br />costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section
<br />3.8.2.2.
<br />§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay
<br />in the Work.
<br />§ 3.9 SUPERINTENDENT
<br />§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance
<br />at the Project site during performance of the Work. The superintendent shall represent the Contractor, and
<br />communications given to the superintendent shall be as binding as if given to the Contractor. Important
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