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<br />(b) <br /> <br />(c) <br /> <br />(d) <br /> <br />(e) <br /> <br />(f) <br /> <br />EXHIBIT VIII-J, Cont. <br /> <br />to store his apparatus, materials, supplies and equipment in such orderly fashion at the site <br />of the work as will not unduly interfere with the progress of his work or the work of any other <br />contractors; <br /> <br />to place upon the work or any part thereof only such loads as are consistent with the safety <br />of that portion of the work; <br /> <br />to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his <br />operations, to the end that at all times the site of the work shall present a neat, orderly and <br />workmanlike appearance; <br /> <br />before final payment to remove all surplus material, false-work, temporary structures. <br />including foundations thereof, plant of any description and debris of every nature resulting <br />from his operations, and to put the site in a neat, orderly condition; <br /> <br />to effect all cutting, fitting or patching of his work required to make the same to conform to <br />the plans and specifications and, except with the consent of the Architect/Engineer, not cut <br />or otherwise alter the work of any other Contractor. <br /> <br />38. Quantities of Estimate <br /> <br />Wherever the estimated quantities or work to be done and materials to be furnished under this contract are <br />shown in any of the documents including the proposal, they are given for use in comparing bids and the right <br />is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may <br />be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this <br />Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase <br />or diminution give cause for claims or liability for damages. <br /> <br />39. Lands and Right-of-Way <br /> <br />Prior to the start of construction, the Owner shall obtain lands and rights-of-way necessary for the carrying <br />out and completion of work to be performed under this contract. <br /> <br />40. General Guaranty <br /> <br />Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire <br />occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with <br />the Contract Documents or relieve the Contractor of liability in respect to any express warranties or <br />responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and <br />pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the <br />date of final acceptance of work unless a longer period is specified. The Owner will give notice of unserved <br />defects with reasonable promptness. <br /> <br />41. Conflicting Conditions <br /> <br />Any provisions of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs <br />in these General Conditions shall be void to the extent of such conflict or inconsistency. <br /> <br />42. Notice and Service Thereof <br /> <br />Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and <br />considered delivered and the service thereof completed, when said notice is posted, by certified or registered <br />mail, to said Contractor at his last given address, or delivered in person to the said Contractor or his <br />authorized representative on the work. <br /> <br />43. Provisions Required by Law Deemed Inserted <br /> <br />Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed <br />to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if <br />through mistake or otherwise any provision is not inserted, or is not correctly inserted, then upon the <br /> <br />VIII-J-13 <br /> <br />(Revised 5/99) <br />