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§ 12.2.2 Within 30 days of the Owner's receipt of the Contractor's final accounting for the Cost of the Work,the
<br /> Owner shall have the option to conduct an audit of tlrc Cost of the Work or notify the Architect that it will not conduct
<br /> an audit.
<br /> § 12.2.2.1 If the Owner conducts an audit of the Cost of the Work,the Owner shall,within 10 days after completion of
<br /> the audit,submit a written report based upon the auditors' findings to the:Architect.
<br /> 112.2.2.2 Within seven days after receipt of the written report described in Section 12.2.2.1,or receipt of notice that
<br /> the Owner will not conduct an audit,and provided that the other conditions of Section 12.2.1 have been met,the
<br /> Architect will either issue to the Owner a final Certificate for Payment with a copy to the Contractor,or notify the
<br /> Contractor and Owner in writing of the Architect's reasons for withholding a certificate as provided in Article 9 of
<br /> AIA Document A201-2017.The time periods stated in this Section 12.2.2 supersede those;stated in Article 9 of AIA
<br /> Document A201-2017.The Architect is not responsible for verifying the accuracy of the Contractor's final
<br /> accounting.
<br /> § 12.2.2.3 If the Owner's auditors'report concludes that the Cost of the Work,as substantiated by the Contractor's
<br /> final accounting,is less than claimed by the Contractor,the Contractor shall be entitled to request mediation of the
<br /> disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201-2017.A request
<br /> for mediation shall be made by the Contractor within 30 days after the Contractor's receipt of copy of the Architect's
<br /> Final Certificate for Payment.Failure to request mediation within this 3"ay period shall result in the substantiated
<br /> amount reported by the Owner's auditors becoming binding on the Contractor.Pending a final resolution of the
<br /> disputed amount,the Owner shall pay the Contractor the amount certified in the Architect's final Certificate for
<br /> Payment.
<br /> § 12.2.3 The Owner's final payment to the Contractor shalt be made no later than 30 days after the issuance of the
<br /> Architect's final Certificate for Payment,Certificate of Occupancy,or beneficial occupancy of the project or as
<br /> follows:
<br /> § 12.2A If,subsequent to final payment,and at the Owner's request,the Contractor incurs costs,described in Article 7
<br /> and not excluded by Article 8,to correct defective or nonconforming Work,the Owner shall reimburse the Contractor
<br /> for such costs,and the Contractor's Fee applicable thereto,on the same basis as if such costs had been incurred prior to
<br /> final payment,but not in excess of the Guaranteed Maximum Price. if adjustments to the Contract Sum are provided
<br /> for in Section 5.1.7,the amount of those adjustments shalt be recalculated,taking into account any reimbursements
<br /> made pursuant to this Section 12.2.4 in determining the net amount to be paid by the Owner to the Contractor.
<br /> § 12.3Interest
<br /> Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,
<br /> or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located.
<br /> (Insert rate of interest agreed upon,if an),.)
<br /> 4 Zero Percent(00/o)
<br /> ARTICLE 13 DISPUTE RESOLUTION
<br /> § 13.1 Initial Decision Maker
<br /> The Architect will serve as Initial Decision Maker pursuant to Article 15 of AIA Document A201 2017,unless the
<br /> parties appoint below another individual not a R ID 11]_..� C��m�ttf to cPrvc ac Taitial Decision Maker
<br /> (.f the pw-ties mutually agree,insert the name,address and other contact information of the Initial Derision Maker,
<br /> other than the Architect.)
<br /> Rick£lumbaugh,Mayor
<br /> Init. AIA Document A102—2017.Copynght®t920,1925,1951,1958,191i1,t9fi3,t967,1874,197a,#967,#997,2007 and 2017.All sights reserved."The American
<br /> Institute of Architects,"'American Institute of Architects,'"AIA,"the AIA Logo,and'AIA Contract Documents"are trademarks of'rhe American Institute of Architects. 12
<br /> This document was produced at 15.07:01 CT on 1211212023 under Order No.4104240W which expires or 03t10f2024,is not for resale,is licensed for one-erne
<br /> ! use only,and tray only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail
<br /> docinfo@atacmtracts.com.
<br /> User Notes: (146520%83)
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