Page 13 - Villas at Savona Close-out Manual

which time written notice of termination may be issued if the breach is not mitigated. Upon such
termination the ASSOCIATION shall settle accounts with ARCM for Work completed, paying all
sums due for all Work performed or for which irrevocable commitments have been made, or costs
incurred or obligated to, up to and including the date of termination.

6.4 DEMOBILIZATION UPON TERMINATION. If this Agreement is terminated by either party, OR
Work stopped by governing authorities, the ARCM shall have the right to leave the condition of the
job site and Work in a fashion and in such a condition as not cause future damage to property or
constitute an unsafe condition, and the ASSOCIATION shall additionally pay for all such appropriate
demobilization Work per the payment terms in this Agreement.

6.5 NOTICE OF COMPLETION. The ARCM shall record a Notice of Completion within five (5)
calendar days of completion of the ARCM’S reconstruction Work, excluding administrative
requirements which may extend beyond the actual completion of the ARCM’S reconstruction
activities.

ARTICLE 7. DELAY PROVISIONS

7.1 DELAY BY PUBLIC AGENCIES. Action or inaction by Public Agencies, which delay the
ARCM’S Work, shall be considered an Unforeseen or Unforeseeable Condition per this Agreement.

7.2 OTHER DELAYS. If the ARCM is delayed at any time in the progress of the Work by an act or
neglect of the ASSOCIATION, or of an employee or designated representative of the
ASSOCIATION, or of a separate contractor employed by the ASSOCIATION, or by changes ordered
in the Work, or by labor disputes, fire, unusual delay in deliveries, or by unavoidable casualties, or by
acts of war or terrorism, or by acts of God, or by other causes beyond the ARCM’S control, then any
scheduled completion date for the Work shall be extended for such reasonable time attributable to the
delay and the Contract Amount shall be increased by the amount of additional costs, including
overhead and profit incurred by the ARCM due to the delay.

ARTICLE 8. INDEMNIFICATION & LIMIT OF LIABILITY

8.1 INDEMNIFICATION BY THE ARCM. The ARCM agrees to indemnify the ASSOCIATION from
any damages assessed against ASSOCIATION related to, and all costs incurred in connection with,
any legal action, except to the extent that such damages or costs result from the ASSOCIATION’S
negligence or willful misconduct as it may pertain to the Work per this Agreement.

8.2 INDEMNIFICATION BY THE ASSOCIATION. The ASSOCIATION agrees to indemnify the
ARCM harmless from any damages assessed against the ARCM related to, and all costs incurred in
connection with, any legal action except to the extent that such damages or costs result from the
ARCM’S negligence or willful misconduct as it may pertain to the Work per this Agreement.

8.3 LIMITS OF LIABILITY. In recognition of the relative risks and benefits of the Project to both the
ASSOCIATION and the ARCM, the risks have been allocated such that the ASSOCIATION agrees,
to the fullest extent permitted by law, to limit the liability of the ARCM to the ASSOCIATION for
any and all claims, losses, costs, damages of any nature whatsoever so that the aggregate liability of
the CONSTRCUTION MANAGER to the ASSOCIATION shall not exceed the ARCM’S insurance
coverage available at the time of settlement or judgment.

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2015 JWC ARCM POST LIT License ROC 190300 KB-1