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Building Permit #279-2012 - 50 ROYAL CREST DRIVE 10/4/2012
TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: 2 -;1012 Date Received Date Issued: e6z/Z IMPORTANT:Applicant61-'0' must complete all items on this age LOCATION be�-,-(- Ayr/Cirefri ���`D� PROPERTY OWNER kf/A CO /UC71 r( t Unit# �11 koo�5 Print MAP NO: PARCEL: ZONING DISTRICT: Historic District yes no Machine Shop Village yes no t 100 year-old structure yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition ❑Two or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial pAepair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other O�Septic f Weh ;, R,Floodplain ®tWetlauds +:0 1Wate"_r'shed Distract IMWater/Sewer; DESCRIPTION OF WORK TO BE PERFORMED: �� ` /� � � � i -�•�cam+%�5 . `Zti �9-c I Vv e.� �c. c P For s r C�4y �.� ,,, y^I le S.S 3 O! N- ;NJ ar lDvLoar 02J,,o1;Tc'ryqs1,7; APs (Identification Please Type or Print dearly) OWNER: Name: A-i WK(-() Gq�6,0,el 1,LC Phone: Address: tN &Iee,�,wz)CJ c.we SUDA T�� -0 �c�a��e Y ��l 40 CONTRACTOR Name: t�►'•• �V ��`l Phone: n Y-91I - 1 s`j3 Address: k0A Il�aCjc� W'765 Supervisor's Construction License: Exp. Date: "7 Home Improvement License: �� t- Exp. Date: I- 30-001v� ARCHITECT/ENGINEER /V(!N-e- Phone: Address: Reg. No. FEE SCHEDULE:BULDING PERMIT:$12.00 PER$9000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Coat: $ o 00 FEE: $ "0 Check No.: �� Receipt No.: � I� NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fun � � ye 4r kF 4': S gnature;of Agent/Owner .F . . - r8iariafure of:conf�actor r Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits El Building Permit Application o Workers Comp Affidavit o Photo Copy of H.I.C. And/Or C.S.L. Licenses o Copy of Contract o Floor Plan Or.Proposed Interior Work o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Perm Addition or Decks o Building Permit Application o Certified Surveyed Plot Plan o Workers Comp Affidavit o Photo Copy of H.I.C. And C.S.L. Licenses o Copy Of Contract o Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) o Building Permit Application ❑ Certified Proposed Plot Plan o Photo of H.I.C. And C.S.L. Licenses o Workers Comp Affidavit o Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) o Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department priorto issuance of Bldg .Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: Doc.Building Permit Revised 2008mi Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools ❑ Well Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank, etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED � PLANNING � DEVELOPMENTEl ❑ I COMMENTS CONSERVATION Reviewed on Signature COMMENTS i HEALTH Reviewed on Siqnature COMMENTS Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes I! Planning Board Decision: Comments i Conservation Decision: Comments Water& Sewer Connection/Signature& Date Driveway Permit ' DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes no Located at 124 Main Street Fire Department signature/date COMMENTS Dimension Number of Stories:_Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A–F and G min.$100-$1000 fine NOTES and DATA— For department use f i ® Notified for pickup - Date Doc:.Building Permit Revised 2011 June/mi - — r Location ° a CrFsf l iii,% No. 7 ' !Z- Date NORrh TOWN OF NORTH ANDOVER O G ►. w � 9 i • Certificate of Occupancy $ s'AcMustt� Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # t 2 4 6 .5. building Inspector i. i ACORa CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 16.� 10/05/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHOE FAX Lefebvre-Smith Insurance (AICNNa, Ext): (401) 724-1660 (AIC, No):(401) 725-9378 E-MAIL 664 Armistice Boulevard ADDRESS: PRODUCER CUSTOMER ID #: Pawtucket RI 02861— INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A :Hartford Underwriters Ins. AMS CONSTRUCTION DBA JOHN DUVALLY INSURER B P.O. BOX 282 INSURER C INSURER D INSURER E REHOBOTH MA 02769— INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DDNYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY / / / / EACH OCCURRENCE $ / / / / DAMA ET RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE 1:1 OCCUR / / / / MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: / / / / PRODUCTS-COMP/OP AGG $ POLICY PROi F LOC / / / / $ AUTOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT $ ANY AUTO / / / / (Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS / / / / PROPERTY DAMAGE $ HIRED AUTOS / / / / (Per accident) NON-OWNED AUTOS / / / / $ $ UMBRELLA LIAR OCCUR / / / / EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE / / / / AGGREGATE $ DEDUCTIBLE / / / / $ RETENTION $ / / / / $ X WORKERS COMPENSATION O BE ASSIGNED 10/05/2011 10/05/2012WC STATU- OTH- AND EMPLOYERS' LIABILITY Y/N X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE / / / / OFFICER/MEMBER EXCLUDED? H N/A E.L.EACH ACCIDENT $ 100 OOO (Mandatory in NH) / / / / E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below / / / / E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space is required) CARPENTRY DWELLINGS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Aimco North Andover LLC 50 Royal Crest Drive AUTHORIZED REPRESENTATIVE np Andover MA ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD rr'll � 11C) �� �, L.L tte; 10,15/2013. Tim! 0' 19 AM To, (16229-] G, 97258378 E A (ELLEY Page: 002 FDATE fidbl(VONY-Y) D' CERTIFICATE OF LIABILITY INSURANCE 1 0/05�201 THIS CER'0FICATr-ily ISSUED AS A MAIM OF INFORMATION OMY ANV,CONFERS NO RIGH70 UPON THE CERTIFICAT8 HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVE1f AMM,EXTENO OR ALTER THE COVERAGE AFFORM BY THE POLICIES BELOW.V13 CERTIFICATE Of IN85URANCE!OCES NOT COfM'ITU7E A CONTRACT BETWEEN THE MVING MUIRERM, AUT E-,z!�ZRIZED REPRNTATWE OR FHODUC'ri,AND THE CiERVICAT E HoLLIER. IMPORTANI.lithe cetfifli;uIe huidw Is an AD0111OW1 INSURED, mijal,be endomed.if OLIBROGAMN ISWA;VED,subJaa to th4 1;"E%hu, 11,11",114 terms and conditions of thm ptiftY,corialn policies may require v.oridomerrinisirtt.A statement on thIs coriffIcAle dong not oonfor rlghtn to the certiflicalu holder E A Kaby Coupe RI Inc. l-to90" P0 Boy 14190 454 Veterans kiernuft Por way PR 8VAR ka Provideme Q1 0,2014 MURK A A: IM C6 17370 AMS Cori Mfuclion 3 5r)401 woon,cliia R&cboth NIA OUS9 CQVFRAGES CERTIFICATE NUMBER: NUW)BER- THIS M TO CPR TI FY INAT 1H Y POLINES OF V,18UAA1402 UOTED a E,(WV 1 IAVE K1,44 it;Z'UFLI I,C,THE I NSURED NAM E 0 ABOvE FOR NgPOMYPPRIOD NEXCATEO,NOTMTHSTANOLNG ANY REQUMEMENT,TERM OR CONUNNONC.,G,,44Y CONTRACT OR OTHER DOCUMENT NTH REaREGT Tu V.Aii(;H THai CERTIFrATE NAV SE ISSUCO OR MAY Pt!RTAK,THE IMURAV'Cl'ENFFORDED BY 11-IC P1Xr;IES[)E:$(-,RI8E0 MPR04 Is 3UBJF(;T 70 ALL THE!TERMS, H -C L L;8 D C W-1 T 1 1.09F 8 U C H P L it;I E6. I M 1'�'S SHQtr 04AIA, art rvPBaPrFl�+lry�n� rJENWAL LIABILP I EADI CV11URRENCIE -Ica,cuo YZD EXE,An AAa A ATF tkNLASOM-ATELMUTAPFUESPER�- 004 -1-1 POLICY niwl- LOCI Ty (MMKIM SINGLE LMIT led 80,100, A",y po(0, AU WrIlic',AUTO S 0001Y MUR V(Pv P wwo) - BouLy Li,�.wy CPO' FTZi?PERTS(HF0ULFQAU TOG 1:�.WAGE. HiREDNUTCr, ViSIGARLA LIAS 017 CUR Fv1CM OCCURRENI,cam M.990 VAO I)EUXTIDLE Rjmw low I r0jj.K0%P j PIMS '140 AMI PEP?JE E-,UTIVE lmlt X BL LNSEA EAE&PLO(EE Go RIP".ON OF OPERA NOW51 L3[,'ATIW$I YEHICLES jAtvac h ACORD 11",A dil i4,p tat Aerrt;0;lrhad0t.d awt:vptc o ik p*-4u1r4dj 11q,ildmiIal Gerwal Contwor ERTIFICATF.HOLDER CANCSLLA110M SMOLILO VJY or UG AIMM 09SCRISSO POLICES fili CANCELI.,ED VIEFOPE Am=North Amwei LLC TME 0,;X.PtRATi:)N DATE THEREOF,NUME WILL,SF VELIVER90 IN 50 Rryal Craft 0(ke ACCOADANOr WITH THLI POLICY FROW10M AUNIRiM.C REPhRESEMATNE ' / Cftdovor KatlefineM. r<-Jey, /C, AA1 0 1 98e-ZO09 ACORD CORPORA110N,Aji.11ghtt mtorvad, A(,W 25(200M) T;io ACORD ii*.ma iod I oqa are registered marks of ACM NORTiy Of O No. � - � dover, Mass.,- 0 — L1. I� COCMICMEWICK y` 7� AD'4ATED 0S BOARD OF HEALTH DFood/Kitchen V Septic System /I D, BUILDING INSPECTOR THIS CERTIFIES THAT....... ... ... .. ... C?..................�./ :... ................................................................... Foundation has permission to erect........................................ buildings on ....., .... �? � P .... rit1�.............. Rough to be occupied as....................�J��(. ......�... .��. .....�< ,a. CL"�; ... '.. /�'1. Chimney b' �! °..... .. provided that the person accepting this permit shall in every respect conform to the terms of the app' tion on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the.Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION T TS Rough ` �..... � Service ... BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do- Not Remove Final No Lathing or Dry Wall To Be Done FIR_E-DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner - Street No. SEE REVERSE S O®E Smoke Det. i• u Re Office of Consuneer Affairs&Business gulatiou HOME IMPROIVEMENT-CONTRACTOR�'� Registration ,� 120892L jcpiratlGnrt113012D12 Tr# 292760 c r: Type: Private Corporation DUVALLY CONTRACTING`INC VK JOHNIJVALLY y `` 55 WINTROP ST REHOBOTH,MA 02769'.:: Undersecretary`' Board of Buildin!„ Regulations and Standards Construction Supervisor License„ . License: CS 67712, -- JOHN P DUVALLY 3 BRAYTONWOODS DR +' REHOBOTH, MA 02769 �-� - L'zpiration: 7/3/2012 ('ununisi$nry Tri#: 505 fi i. x.. s GENERAL CONSTRUCTION SERVICES CONTRACT CONTRACTOR: ANS Construction. Contract No.: CAPR-00013524-403528-01 Property: Royal Crest Estates(North Andover),42391 Address: PO Box 282 Location: 50 Royal Crest Drive Rehoboth, MA 02769- North Andover, MA 1845 Representative: John DuVally Issuing Office: Regional Office Telephone: (774) 991-1573 Address: Two Greenwood Square Facsimile: (508)252-4656 3331 Street Road, Suite 450 E-mail: iduvally anvanoo.com Bensalem, PA 19020 Contract Sum: $684,500.00 Contract Type: Lump Sum This General Construction Services Contract (the "Contract') is effective as of the 22nd day of September, 2011, by and between AIMCO NORTH ANDOVER, L.L.C. (as hereinafter defined OWNER) and CNA Realty Advisors, Inc. (as hereinafter defined CONTRACTOR) who hereby agree that all Work (as hereinafter defined) specified below shall be performed by CONTRACTOR in accordance with all provisions of this Contract, consisting of the following components: This Contract Exhibit"A" Scope of Work Exhibit "B" Specifications and Drawings Exhibit "C" Quantities, Pricing and Data Exhibit"D"Construction Schedule Exhibit"E" Forms Exhibit"F"Site Map A brief synopsis of the Work(as hereinafter defined and set forth in greater detail) is as follows: Complete Roof Replacement with Ice Damming Corrections The Work (as hereinafter defined) shall be performed in accordance with the dates set forth below and in the Construction Schedule (as that term is defined at Paragraph 3.2 of the Contract), subject to any adjustments by Change Order(as hereinafter defined) in accordance with the terms of this Contract. Date of Commencement: 10/3/2011 Date of Final Completion: 12/3/2011 Approved: OWNER_ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 1 of 25 Contract No.CAPR-00013524-403528-01 GENERAL CONSTRUCTION SERVICES CONTRACT ARTICLE 1 GENERAL PROVISIONS 1.1 CERTAIN DEFINITIONS 1.1.1 The term "Addenda" means those documents containing additions, changes, corrections or modifications to the Contract Documents (as hereinafter defined) issued by the Architect (as hereinafter defined) during the bidding period or prior to the award of contract. Addenda become part of the Contract Documents. 1.1.2 The term "Architect" means the person or entity retained by OWNER to provide architectural services including, but not limited to, the preparation of Specifications and Drawings for the Project and the �I providing of construction administration services. 1.1.3 The term "Change Order" means a written order to CONTRACTOR signed by OWNER, issued after the execution of the Contract, authorizing an extra or a change in the Work or an adjustment in the Contract Sum (as herein defined) or the Construction Schedule. 1.1.4 The term "CONTRACTOR" means the entity designated as CNA Realty Advisors, Inc .. 1.1.5 The term "Drawings" means the graphic and pictorial portions of the Contract Documents, showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details schedules and diagrams. 1.1.6 The term "Final Completion" or Finally Complete means the point in time that the Work has been � fully completed (including, but not limited to, all Punch Lists) in accordance with the terms and conditions set forth in the Contract Documents(as herein defined). 1.1.7 The term "Milestone(s) shall mean a major task, or designated portion of the Work, as identified in the Construction Schedule, including, but not limited to, the completion of a unit or floor. 1.1.8 The term "Milestone Date(s)"shall mean the date(s) identified in the Construction Schedule for completion of a Milestone. 1.1.9 The term "Modification" means (1) Written Amendment to the Contract signed by both parties; (2) Written Change Order executed in accordance with the requirements of the Contract Documents; or (3) Written change notice directing minor changes in the Work. 1.1.10 The terms "Law" or "Laws" means any and all applicable laws, rules, regulations, ordinances, codes, and/or orders, judgments or decrees of Federal, State, Department, City or local governments, courts or tribunals and any other governmental entity having jurisdiction over the Work, or over the Site. 1.1.11 The term "Project" means the total construction for the Property of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by OWNER or by separate contractors. 1.1.12 The term "Project Site" or "Site" means the space available to CONTRACTOR for performance of the Work, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Site is shown on the Drawings. 1.1.13 The terms "Punch List" or "Punch Lists" means a list or lists of items within the Project, prepared by OWNER or its representative and confirmed by CONTRACTOR, that remain to be replaced or completed in accordance with the requirements of the Contract Documents at the time of Substantial Completion (as herein defined). Approved: OWNER_ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 2 of 25 Contract No.CAP R-00013524-403528-01 I 1.1.14 The term "Schedule of Values" means a listing of elements, systems, items or other subdivisions of the Work, establishing the value for each, the total of which equals the Contract Sum (as herein defined). The Schedule of Values is used for establishing the cash flow for the Project. 1.1.15 The term "Shop Drawing" means a drawing created by CONTRACTOR, Subcontractor, vendor, manufacturer or other entity that illustrates construction, materials, dimensions, installation and other pertinent information for the incorporation of an element or item into the construction. 1.1.16 The term "Specifications" means the portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship of the Work, and performance of related services. 1.1.17 The term "Subcontractor" means a person or entity that has an agreement(whether written or oral)with CONTRACTOR to perform any portion of the Work. The term Subcontractor does not include the Architect or any separate contractor employed by OWNER or any separate contractor's subcontractors. 1.1.18 The term "Sub-subcontractor" means a person or entity that has an agreement(whether written or oral) with a Subcontractor to perform any portion of the Subcontractor's work. 1.1.19 The term "Substantial Completion" or "Substantially Complete" means the stage in the progress of the Work when the Work, or designated portion thereof, is sufficiently complete in accordance with the Contract Documents so that OWNER can occupy or utilize the Work for its intended use. The occurrence of Substantial Completion will be confirmed by a certificate of Substantial Completion signed by OWNER and CONTRACTOR. The certificate will state the respective responsibilities of OWNER and CONTRACTOR for security, maintenance, damage to the Work, and insurance. The certificate shall also list the items to be completed or corrected and establish the time for their completion and correction. 1.1.20 The term "Work" means the construction and services required by, and reasonably inferable from, the Contract Documents in connection with the Project, including, but not limited to, the construction and services set forth in, and reasonably inferable from Exhibit "A" attached hereto, and includes the furnishing of all materials, labor, equipment, supplies, superintendence, tools, scaffoldings, transportation, and all other services, purchases and facilities necessary for the full performance and completion of CONTRACTOR's undertakings and obligations under the Contract Documents. Work also means that which is produced, constructed or built pursuant to the Contract Documents. 1.1.21 The term "OWNER" means AIMCO NORTH ANDOVER, L.L.C. subject to the terms of Paragraph 13.26. 1.1.22 OTHER DEFINITIONS 1.1.22.1 The term "provide," including derivatives thereof, shall be interpreted to mean furnish, fabricate, complete, transport, deliver, install, erect, construct and finish, including all labor, materials, equipment, apparatus, appurtenances and expense necessary to complete in place, ready for operation or use under the terms of the Contract Documents. 1.1.22.2 The term "furnish" means supply or furnish only to the Project Site. 1.1.22.3 The term "install" means install any product or material furnished. Such products and materials shall be received at the Site, unloaded, stored, protected and installed complete in place, including connections, auxiliary items and other materials and Work required for a complete and properly functioning installation, unless any such Work is specifically excluded. 1.1.22.4 The term "review" when used in conjunction with Architect's response to submittals, requests, applications, inquiries, reports and claims by CONTRACTOR shall be limited to the Architect's responsibilities and duties as specified in the Contract Documents. In no case will the Architect's Approved: OWNER_ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 30f25 Contract No.CAP R-00013524-403528-01 review be interpreted as a release of CONTRACTOR from its responsibilities to fulfill requirements of the Contract Documents. 1.2 CONTRACT DOCUMENTS 1.2.1 The "Contract Documents" consist of this Contract, Exhibits to the Contract, Drawings, Specifications, Addenda issued prior to the execution of the Contract, and Modifications issued after execution of this Contract. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by CONTRACTOR shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. In the event of a conflict or inconsistency between any of the provisions of the Contract Documents, the provision granting greater rights or remedies to OWNER, as determined by OWNER, or imposing the greater duty, standard, responsibility or obligation on the CONTRACTOR, as determined by OWNER, shall govern and control. 1.2.2 The Contract Documents taken together constitute the entire and exclusive agreements between the parties with reference to the Project, and supersede any and all prior discussions, communications, representations, understandings, negotiations or agreements. This Contract may not be modified except in writing signed by the parties' designated representatives or corporate officers. 1.3 INSTRUMENTS OF SERVICE 1.3.1 Drawings, Specifications and other design information prepared by the Architect are instruments of the Architect's service for use solely with respect to the Work ("Instruments of Service". The Architect and OWNER will retain all common law, statutory and other reserved rights in said Instruments of Service, including the copyright. They are not to be used by CONTRACTOR or any Subcontractor, Sub- subcontractor or material or equipment supplier for other projects or for additions to the areas affected by the Work outside the scope of this Contract without the specific written consent of OWNER. 1.4 PROJECT SITE REVIEW 1.4.1 In accordance with the standard of performance set forth in Paragraph 2.2 of the Contract, CONTRACTOR shall, prior to the performance of any Work hereunder, (a) carefully examine and review the Project Site, the Contract Documents and the adjacent areas, as well as any and all geotechnical and environmental reports, surveys, and as-built drawings to ascertain the nature and location of the Work and general and local conditions applicable to the Work, and (b) perform any destructive testing and consult with any locater services as necessary to discover any concealed subsurface conditions, such that CONTRACTOR is satisfied that CONTRACTOR can complete the Work consistent with the Contract Documents without the need for any change to the Contract Sum or Construction Schedule (the "Project Site Review"). Notwithstanding the foregoing, CONTRACTOR's responsibilities with respect to the identification of hazardous materials at the Project Site shall be limited to its responsibility to review the materials provided to it by OWNER. ARTICLE 2 THE WORK OF THIS CONTRACT 2.1 CONTRACTOR shall fully execute the Work of this Contract. CONTRACTOR shall use its best efforts to subcontract for all of.the materials, labor, equipment and services necessary to perform the Work or shall self-perform the Work. 2.2 CONTRACTOR accepts the relationship of trust and confidence established with OWNER by this Contract and covenants with OWNER to exercise the highest degree of skill, care and judgment in the performance of the Work hereunder and in furthering the interest of OWNER. 2.3 The CONTRACTOR understands and acknowledges that the OWNER may be obtaining a loan, tax credits and/or other financing or assistance for the Project from certain federal and/or state housing and development agencies and that, therefore, this Contract may be subject to certain regulatory requirements of the City and State in which the Project is located (including, but not limited to,the Approved: OWNER _ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 4 of 25 Contract No.CAP R-00013524-403528-01 State financing agency and the State Historic Preservation agency, as applicable), the Department of Housing and Urban Development as well as the requirements of lender(s), investors and tax credit syndicator(s) ("Regulatory Requirements"). To the extent that the Project is subject to any of the aforementioned Regulatory Requirements, CONTRACTOR agrees to perform, and shall cause its Subcontractors to perform, the Work in a manner sufficient to satisfy and fully comply with such Regulatory Requirements. In particular, and without limiting the generality of the foregoing, the CONTRACTOR agrees to cooperate and assist OWNER in complying with any and all loan/financing requirements including, but not limited, to the execution of any and all required consents, certificates and statements, as well as the use of any and all required payment, lien, change order, schedule of values and other form documents. ARTICLE 3 TIME 3.1 DATE OF COMMENCEMENT 3.1.1 The "Date of Commencement" of the Work shall be 10/3/2011, unless OWNER, in its sole discretion, issues a written notice to proceed that differs from the terms set forth herein, in which case the date set forth in the notice to proceed shall serve as the Date of Commencement. 3.2 CONTRACTOR'S CONSTRUCTION SCHEDULE 3.2.1 CONTRACTOR shall prepare and submit to OWNER a construction schedule (the "Construction Schedule") based on and consistent with OWNER's requirements. The Construction Schedule shall utilize critical path methodology (CPM) with a computerized database and production program. The Construction Schedule shall identify any Milestone and Milestone Dates; identify the Scheduled Date(s) of Substantial Completion; identify the Scheduled Date of Final Completion; identify separately all tasks of Subcontractors identified in the Schedule of Values; identify dates for the preparation and delivery of Shop Drawings; set forth any portions of the Project having occupancy priority, and identify the Date of Commencement consistent with the terms of this Contract. The Construction Schedule shall allow for and reflect: i)typical local weather conditions; ii)Work restrictions; iii)Time for needed approvals; iv) Inspections and/or tests; v)The work of OWNER's separate contractors; and vi) Coordination of Work with ongoing operations. 3.2.2 Upon OWNER's review and approval of the Construction Schedule, the Construction Schedule will become part of this Contract as Exhibit"D". The CONTRACTOR shall update the Construction Schedule in each of the following instances: (i) on a monthly basis; (ii) as reasonably requested by OWNER; iii) whenever a change in the Work affects the Construction Schedule, Milestone Dates or the scheduled date of Substantial Completion; and (vi) whenever the CONTRACTOR alters the means, methods or sequence of the Work in such a manner so as to affect the Construction Schedule. Such updated schedule shall be submitted with each of CONTRACTOR's Applications for Payment as a condition precedent to CONTRACTOR's right to payment hereunder. 3.2.3 Time is of the essence in the performance of the Work.The Construction Schedule may be modified only as specifically set forth in this Contract. 3.2.4 There shall be no changes to the Construction Schedule unless a Change Order is executed in connection therewith. 3.2.5 To the extent that any of the following events results in an actual delay in the progress of the Work, and is not caused in whole or in part by CONTRACTOR, such delay shall entitle CbNTRACTOR to an extension of any applicable time periods in the Construction Schedule, such extension being CONTRACTOR's sole remedy for such delay: i)Acts (including delays in acting or failure to act) of the State or the City or of any other governmental or regulatory authority that are not the result of any fault or negligence of CONTRACTOR or Subcontractors; Approved: OWNER CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 50f25 Contract No.CAP R-00013524-403528-01 ii)Acts (including delays in acting or failure to act)of the OWNER, Architect, or of any employee of either, or of a separate contractor employed by the OWNER; iii) Restraints or injunctions issued by a judicial body requiring that the Work or any portion thereof shall be halted; iv) Unforeseen changes in Law; v) Fires, floods, earthquakes, civil disturbances, wars, insurrections, or riots; or vi) Strikes, involuntary work stoppages, labor disputes, lockouts not resulting from any fault of CONTRACTOR or the Subcontractors; vii) Weather conditions which, measured on a monthly basis, are more than 25% more severe than the monthly averages for temperature or precipitation, as calculated over the prior ten-year period, for the local area as determined by the National Weather Service; or viii) Concealed Conditions, subject to the terms of Paragraph 6.22. 3.2.6 CONTRACTOR's obligation to properly and timely perform and complete the Work in accordance with the Contract Documents shall be absolute. CONTRACTOR shall carryon the Work and adhere to the Construction Schedule during all disputes or disagreements with OWNER. 3.3 ACCELERATION OF THE WORK 3.3.1 If CONTRACTOR's rate of progress is such that the amount of Work within any time period required by the Construction Schedule is less than the amount therein specified to be completed within such time, and it reasonably appears that CONTRACTOR shall be unable to achieve the Milestone(s) by the Milestone Date(s), Substantial Completion of the Work by the Scheduled Date of Substantial Completion or Final Completion of the Work by the Scheduled Date of Final Completion, OWNER may direct CONTRACTOR to accelerate the Work by issuing a notice to accelerate. Upon such notice, CONTRACTOR shall be obligated to employ such extraordinary measures as necessary to bring the Work into conformity with the Construction Schedule and CONTRACTOR shall not be entitled to an increase in the Contract Sum as a result thereof. 3.3.2 In addition to OWNER's right to accelerate the Work pursuant to Paragraph 3.3.1, OWNER may direct CONTRACTOR to accelerate the Work without cause by issuing a written notice to CONTRACTOR requesting such acceleration. CONTRACTOR expressly agrees that its sole and exclusive remedy for such acceleration shall be an adjustment of the Contract Sum by Change Order in the amount of the costs incurred directly by the Subcontractors as a result of the acceleration. 3.4 LIQUIDATED DAMAGES 3.4.1 CONTRACTOR acknowledges that in the event that it fails to achieve: (i) Final Completion of the Milestone(s) by the Milestone Date(s); or(ii) Final Completion of the entire Work by the Scheduled Date of Final Completion, OWNER will incur substantial damages and the extent of such damages shall be incapable or very difficult of accurate measurement. Nonetheless, the parties acknowledge that as of the execution date of this Contract, the amount of liquidated damages set forth in Exhibit "C" represents a good faith estimate on the part of the parties as to the actual damages that would be incurred as a result of late completion. The amount of such liquidated damages does not include any penalty. 3.4.2 Liquidated damages will be assessed when incurred and, in such event, shall be reflected as a deduction from any amounts due under any Applications for Payment pending at the time that such liquidated damages are assessed. All liquidated damages that have not been deducted from previous payments in accordance with this Paragraph will be deducted from the Final Payment. In the event the amount of Final Payment is insufficient to cover the amount of liquidated damages incurred, the CONTRACTOR shall promptly pay to the OWNER any difference. ARTICLE 4 COMPENSATION 4.1 CONTRACT SUM 4.1.1 OWNER will pay CONTRACTOR the Contract Sum in current funds for CONTRACTOR's full and faithful performance of the Work in accordance with the terms of the Contract.The Contract Sum Approved: OWNER _ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 6of25 Contract No.CAP R-00013524-403528-01 shall be as set forth in Exhibit"C", subject to additions and deletions as provided in the Contract Documents. 4.2 PROGRESS PAYMENTS 4.2.1 For the Work provided hereunder, CONTRACTOR agrees to provide OWNER with "Applications for Payment" in the form attached hereto as Exhibit "E", unless otherwise directed by OWNER in writing. CONTRACTOR shall send each Application for Payment to the person(s) and location(s) designated by OWNER. Based upon OWNER's review and approval of Applications for Payment submitted to OWNER by CONTRACTOR for performance of the Work, OWNER will make payments as provided herein. The period covered by each Application for Payment shall be one calendar month. Other than as set forth in Article 11.1 hereof, CONTRACTOR shall have no right to terminate this Contract as a result of any dispute with OWNER. 4.2.2 CONTRACTOR shall submit Applications for Payment no more than once a calendar month. OWNER will pay CONTRACTOR that amount set forth in the Application for Payment within thirty (30) days after OWNER's receipt of an Application for Payment, less those amounts properly withheld pursuant to the terms of this Contract. OWNER may utilize anyone of the following as a basis for rejecting, and requiring CONTRACTOR to resubmit, an Application for Payment: i) failure to specify the full contract number; ii) failure to submit full supporting documentation required by Paragraph 4.2.5; iii) submission of an Application for Payment bearing a date that is more than seven (7) days earlier than the date such Application for Payment is actually received by OWNER; iv) failure to submit a Construction Schedule; v) failure to submit certified payrolls, if applicable; or vi)any other basis provided in this Contract. 4.2.3 Subject to other terms and provisions of this Contract, the amount of each Progress Payment shall be computed as follows: i) Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of the Work by the total Contract Sum, less retainage as set forth in Paragraph 4.2.4; ii) Subtract the aggregate of previous payments made by OWNER; and iii) Subtract amounts, if any, which OWNER has withheld as provided in Paragraph 4.2.6 of this Contract. 4.2.4 Retention. The amounts for each Progress Payment will be on the basis of ninety percent (90%) of the value of labor, materials and equipment satisfactorily incorporated in the Work for such progress payment, until Substantial Completion has been achieved. Except with OWNER's prior approval, payments to Subcontractors shall be subject to retention of not less than ten percent (10%). However, if at that point in time when fifty percent (50%) of the Work has been completed, the Work has proceeded to date in accordance with the Construction Schedule and to OWNER's satisfaction, OWNER will cease to withhold additional retention. Notwithstanding the foregoing, in no event shall the retention held from any Subcontractor be reduced to less than five percent (5%) of the amount of the subcontract without OWNER's prior written authorization. Notwithstanding the foregoing, OWNER retains the right to reinstate the initial retention requirement in the event that OWNER determines, in OWNER's sole discretion, that the quality and schedule requirements are no longer being met to OWNER's reasonable satisfaction. 4.2.5 Unless waived by OWNER in writing, CONTRACTOR agrees to provide waivers and releases of liens from CONTRACTOR, all Subcontractors and suppliers of Work under this Contract (the "Release Documents") in the form attached hereto as Exhibit "E," all documentation required by OWNER in support of such Application for Payment, including, without limitation, such bill of sale, receipts or other proofs of purchase for materials, equipment and supplies purchased in connection with the CONTRACTOR's and its Subcontractor's (of any tier) performance of the Work, as well as any other evidence in a form satisfactory to OWNER demonstrating that all labor, materials, bills, invoices, payroll taxes of any kind and any other indebtedness incurred by CONTRACTOR up to and including the date of invoicing have been paid in full prior to or in exchange for payment to CONTRACTOR. If CONTRACTOR is aware or becomes aware that the Release Documents are not effective under, or otherwise do not satisfy, the Laws and requirements of the state in which the Approved: OWNER _ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 7of25 Contract No.CAP R-00013524-403528-01 Project is located, it shall be the responsibility of CONTRACTOR to notify OWNER and to provide the lien waivers and releases required hereunder on forms that satisfy the Laws and requirements of such state. Failure to notify OWNER where CONTRACTOR knew, or should have known, that the Release Documents were ineffective under, or otherwise failed to satisfy, the laws of the state in which the Project is located shall be a breach of this Contract and CONTRACTOR shall be liable for any damages incurred by OWNER as a result of such breach. 4.2.6 OWNER may withhold any payment, including the retainage, to CONTRACTOR, for any reason, including, but not limited to, if: (i) there is defective Work that has not been remedied; (ii) third parties have filed claims or liens or have threatened to file claims or liens; (iii) CONTRACTOR has failed to pay Subcontractors for labor, materials or equipment; (iv) damage has been caused to OWNER or another CONTRACTOR by the acts or omissions of CONTRACTOR and anyone for whom CONTRACTOR is liable; (v) CONTRACTOR fails to submit an invoice as required by the terms of this Contract; or (vi) CONTRACTOR fails to carry out the Work in accordance with the Contract Documents ("Disputed Amount"). OWNER may withhold the Disputed Amount until the dispute is resolved by settlement, dispute resolution or judicial determination. However, both OWNER and CONTRACTOR shall use best efforts to resolve any such disputes expeditiously. CONTRACTOR shall continue to perform the Work through any dispute and shall not have the right to terminate performance under this Contract. 4.2.7 Notwithstanding anything in this Contract to the contrary, OWNER may elect, in OWNER's sole discretion, to make any payment requested by CONTRACTOR on behalf of a Subcontractor of any tier jointly payable to CONTRACTOR and such Subcontractor. CONTRACTOR and such Subcontractor shall be responsible for the allocation and disbursement of funds included as part of any such joint payment. Any joint payment hereunder shall constitute payment to CONTRACTOR, in the full amount of the joint payment, as if such joint payment were made to CONTRACTOR alone. In no event shall OWNER's agreement to make a joint payment or the making of a joint payment be construed to create any (i) contract between OWNER and a Subcontractor of any tier, (ii) obligations from OWNER to such Subcontractor, or(iii) rights in such Subcontractor against OWNER. 4.3 PAYMENT UPON SUBSTANTIAL COMPLETION AND FINAL PAYMENT 4.3.1 When the entire Work is Substantially Complete and a certificate of SUbstantial Completion has been issued as provided herein, CONTRACTOR's subsequent progress payment shall be calculated to include a sum sufficient to increase the total payments to the full amount of the Contract Sum, less an amount calculated by OWNER to equal one hundred and fifty percent (150%) of the value of the incomplete Work(the"Final Retention"). 4.3.2 "Final Payment", consisting of the Final Retention as calculated in Paragraph 4.3.1 above, shall be made by OWNER when CONTRACTOR has achieved Final Completion except for CONTRACTOR's warranty obligations. 4.3.3 A precondition to CONTRACTOR's entitlement to Final Payment shall be the execution and delivery of final lien waivers from itself and each of its Subcontractors in form and substance approved by OWNER. Additionally, prior to and as a condition of Final Payment hereunder, all Operation and Maintenance Manuals, As-Built and Record Drawings, manufacturer's guarantees/warranties, and any other documentation as may be reasonably required by OWNER to close out the Project or otherwise expressly set forth in this Contract as a condition to Final Payment shall be submitted to OWNER. 4.3.4 OWNER's Final Payment to CONTRACTOR will be made no later than thirty (30) days after OWNER's acceptance of the Work and CONTRACTOR's satisfaction of all of the contractual prerequisltes to Final Payment set forth herein. 4.3.5 The acceptance of Final Payment shall constitute a waiver of all claims by CONTRACTOR against the Indemnified Parties (as defined in Paragraph 10.3.1), except insofar as CONTRACTOR has previously notified OWNER in writing. The making of Final Payment shall not constitute acceptance Approved: OWNER _ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 8of25 Contract No.CAPR-00013524-403528-01 I of the Work or of any goods or materials provided under the Contract nor shall it constitute a waiver of any rights hts or claims of OWNER. 4.4 WAIVER OF RIGHTS UNDER APPLICABLE PROMPT PAYMENT STATUTES THE CONTRACTOR AGREES THAT THE TERMS OF THIS AGREEMENT SHALL GOVERN AND CONTROL THE RIGHTS AND OBLIGATIONS OF THE PARTIES WITH RESPECT TO PAYMENT AND, THEREFORE, THE CONTRACTOR HEREBY WAIVES ANY AND ALL RIGHTS AND PROTECTIONS AFFORDED BY THE PROVISIONS OF ANY STATUTE TO THE EXTENT INCONSISTENT WITH THE REQUIREMENTS FOR PAYMENT HEREUNDER. The CONTRACTOR shall include a similar provision in each of its agreements with its Subcontractors. ARTICLE 5 OWNER 5.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 5.1.1 OWNER reserves the right to perform construction or operations related to the Project with OWNER's own forces, and to award separate contracts in connection with other portions of the Project. 5.1.2 CONTRACTOR shall coordinate and cooperate with separate contractors employed by OWNER. p 5.2 OWNER will designate the representative authorized to act on OWNER's behalf with respect to the Project ("OWNER's Representative"). OWNER, either directly or through its representative, will provide administration of this Contract. OWNER may change its representative by notice to CONTRACTOR in writing signed by its representatives or by a corporate officer. 5.3 OWNER and OWNER's Representative will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely CONTRACTOR's responsibility. OWNER will not be responsible for CONTRACTOR's failure to carry out the Work in accordance with the Contract Documents. 5.4 OWNER's Representative will have authority to reject Work that does not conform to the Contract Documents. 5.5 OWNER will have the right to provide materials to CONTRACTOR for incorporation into the Work. To the extent that such materials are included in the Contract Sum, the Contract Sum shall be adjusted to provide OWNER with a credit for such OWNER supplied materials. 5.6 OWNER's Representative will be the individual listed below. OWNER may change OWNER's Representative by notice to CONTRACTOR in writing. OWNER's Representative: Jennifer Matthew Title: Director of Construction Phone Number: 508-596-7137 Address: 639 Granite Street, Floor 3, Braintree, MA 02184 Email: Jennifer.Matthew@aimco.com ARTICLE 6 CONTRACTOR 6.1 CONTRACTOR shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract Documents, Shop Drawings, and other submittals and shall give written notice to OWNER of any conflict, ambiguity, error or omission which CONTRACTOR may find with respect to these documents before proceeding with the affected Work. The express or implied approval by OWNER of any Shop Drawings or other submittals shall not relieve CONTRACTOR of the continuing duties imposed hereby, nor shall any such approval be evidence of CONTRACTOR's compliance with the Contract Documents. OWNER MAKES NO Approved: OWNER CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 90f25 Contract No.CAPR-00013524-403528-01 REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTOR CONCERNING THE CONTRACT DOCUMENTS. 6.2 CONTRACTOR shall supervise and direct the Work, using CONTRACTOR's best skill and attention. CONTRACTOR shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, CONTRACTOR shall be fully and solely responsible for the jobsite safety thereof unless CONTRACTOR gives timely written notice to OWNER that such means, methods, techniques, sequences or procedures may not be safe. The CONTRACTOR shall require all on-site personnel of the Contractor,its Subcontractors, Sub-Subcontractors or any other entity for whom CONTRACTOR may be responsible, to wear hard hats and orange colored vests, as well as any other appropriate protective clothing and gear as may be required by Law or reasonably requested by the Owner. 6.2.1 The obligation of CONTRACTOR under Paragraph 6.2 shall include, but not be limited to, the duty to provide and maintain at the Site, at CONTRACTOR's sole cost and expense, suitable and sufficient lights, barricades and enclosures. All damage or loss to any property caused in whole or in part by CONTRACTOR, its Subcontractor or their agents or anyone directly or indirectly employed by any of them or by anyone, for whose acts any of them may be liable, shall be remedied by CONTRACTOR. OWNER reserves the right at all time, but shall not be obligated, to stop Work that OWNER has actual knowledge is being performed in an unsafe manner until CONTRACTOR rectifies such unsafe condition. 6.2.2 CONTRACTOR acknowledges that OWNER, or the Project, may have certain specific limitations on the days and times on or during which the CONTRACTOR may perform the Work under this Contract (the "Permitted Days/Hours of Operation"). Accordingly, it shall be the sole responsibility of the CONTRACTOR to request such information from the OWNER. CONTRACTOR shall be solely liable for any damages, costs or expenses arising out of CONTRACTOR's failure to perform the Work within such Permitted Days/Hours of Operation. 6.3 CONTRACTOR shall designate to OWNER, as set forth hereinabove, a representative authorized to act on CONTRACTOR's behalf with respect to the Project ("CONTRACTOR's Representative"). CONTRACTOR's Representative shall not be replaced without the prior written consent of OWNER. All communications given to CONTRACTOR's Representative shall be binding on CONTRACTOR. 6.4 CONTRACTOR, within thirty (30) days after the execution of this Contract, shall furnish in writing to OWNER the names of Subcontractors or suppliers for each portion of the Work. OWNER will promptly reply to CONTRACTOR in writing if OWNER has reasonable objection to the Subcontractors or suppliers listed. 6.5 If anyone for whom CONTRACTOR is responsible proves unsatisfactory to OWNER, OWNER will provide CONTRACTOR with written notification. If the unsatisfactory behavior has not been corrected to OWNER's satisfaction within one (1) day from receipt of written notice, such person or entity shall be immediately removed and promptly replaced. 6.6 CONTRACTOR shall keep notes of all the deviations and discrepancies concerning the Site conditions i and other items of construction and Work, including but not limited to concealed conditions, on field drawings. At the completion of the Project, CONTRACTOR shall provide a final record set of construction documents that incorporate the as-built final condition of the Project. 6.7 The submission of accurate record documents and manufacturers' guarantees and warranties and maintenance and operating manuals by CONTRACTOR are conditions precedent to CONTRACTOR receiving Final Payment. Approved: OWNER_ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 10 of 25 Contract No.CAPR-00013524-403528-01 6.8 LABOR, MATERIALS AND EQUIPMENT 6.8.1 Unless otherwise provided in the Contract Documents, CONTRACTOR shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. 6.8.2 CONTRACTOR shall deliver, handle, store and install all materials, including OWNER supplied materials, in accordance with manufacturers' instructions. 6.8.3 CONTRACTOR warrants to OWNER that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, will be fully compatible with existing materials and equipment and that such Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements may be considered defective. CONTRACTOR's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by CONTRACTOR, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 6.9 PERMITS, FEES AND NOTICES 6.9.1 CONTRACTOR shall obtain and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 6.9.2 CONTRACTOR shall comply with and give notices required by Laws applicable to performance of the Work. If CONTRACTOR observes that portions of the Contract Documents are at variance with Laws, CONTRACTOR shall promptly notify the Architect and OWNER in writing. If CONTRACTOR performs Work knowing it to be contrary to Laws without notice to the Architect and OWNER, CONTRACTOR shall assume full responsibility for such Work and shall bear the attributable costs. 6.10 CONTRACTOR shall confine operations at the Site to areas permitted by law, ordinances, permits, the Contract Documents and OWNER. The Work shall be executed in a manner that will cause as little inconvenience as possible to OWNER in OWNER's use of the property and existing facilities and structures. Where applicable CONTRACTOR shall provide and maintain adequate, dust tight, protective coverings, enclosures and barricades about the area affected by the Work and shall keep the same in repair throughout the prosecution of the work. CONTRACTOR shall take every precaution not to negatively impact adjacent or nearby tenants, by noise, vibration, dust or other means. 6.11 CONTRACTOR shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 6.12 CONTRACTOR shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. Within twenty-four (24) hours from the completion of any Work, or any portion of Work, CONTRACTOR shall remove all waste material, rubbish, tools, construction equipment, machinery and surplus materials from the Property, and shall leave the Work area broom clean or its equivalent at the end of each work day. If CONTRACTOR fails to clean the premises, OWNER may perform such clean up and the cost shall be deducted from any payment requests submitted by CONTRACTOR. CONTRACTOR is responsible for removal and proper disposal of all waste from the Work. 6.13 TESTING AND INSPECTION OF WORK 6.13.1 All Work shall be subject to tests and inspections at all reasonable times and at all places prior to acceptance. Inspections and tests shall not be construed as constituting or implying acceptance of the Work. 6.13.2 If such testing or inspection reveals a failure of the portions of the Work to comply with requirements established by the Contract Documents, CONTRACTOR shall bear all costs made necessary by such failure. If any portion of the Work is covered prior to or contrary to CONTRACTOR having obtained the approval of OWNER it must, if required in writing by OWNER, be uncovered for Approved: OWNER CONTRACTOR_ Capital Midrange,GC,Lump Sum,Contract,April 8,2008 11 of 25 Contract No.CAPR-00013524-403528-01 OWNER's observation and be replaced at CONTRACTOR's expense without change in the Construction Schedule. 6.13.3 If OWNER chooses to accept any portion of the Work that is not in accordance with the requirements of the Contract Documents, OWNER may do so instead of requiring its removal and correction in which case the Contract Sum will be reduced as appropriate and equitable. 6.14 Upon notice from OWNER, CONTRACTOR shall promptly remedy any Work that is found not to be in accordance with the requirements of the Contract Documents, and pay for any damage to other work resulting therefrom, which shall appear within a one (1) year period from the actual date of Final Completion of the Work. Notwithstanding the foregoing if the terms of specific warranties required by any of the Contract Documents stipulate a longer time period, the longer time period shall govern. 6.15 CONTRACTOR shall enforce OWNER's instructions regarding signs, advertisements, fires and smoking. No smoking will be permitted, except in designated areas. 6.16 CONTRACTOR is not permitted to connect, 'disconnect, turn on, or turn off any utility services in any building or facility owned or occupied by OWNER, without OWNER's permission. In all cases, CONTRACTOR shall give notice of the need for a utility service shutdown, to OWNER, in a timely manner so as to avoid delays to the project's progress. In all cases, OWNER requires a minimum of seventy-two hours notice prior to when a utility shutdown is needed. 6.17 Regardless of passage of title, the risk of loss to any materials, equipment and furnishings, provided or to be provided pursuant to this Contract, shall remain with CONTRACTOR until OWNER accepts such materials, equipment and furnishings. 6.18 If CONTRACTOR fails to perform or correct Work that is not in accordance with the Contract Documents, OWNER may direct CONTRACTOR in writing to stop the Work, or applicable portions of the Work, until the correction is made. 6.19 If CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents OWNER may, without prejudice to other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting the cost of correction from payments due CONTRACTOR. 6.20 CONTRACTOR shall be responsible for protecting the Work, and designated portions of the Work (e.g. units and floors) against the elements at the end of each working day and under no circumstances shall any Work, or designated portion of the Work, be left unprotected due to Work under this Contract. In addition, no occupied Work, or designated portion of the Work, shall be left without essential services, heat, light and water at the end of each working day as the result of Work. 6.21 All laborers and workers while workingin and around the Project shall act in a professional manner. J CONTRACTOR shall enforce proper discipline and decorum among all laborers and workers on the Project and shall control, among other things: i) noise, including music; ii) the use of offensive language; iii) smoking or drinking of alcoholic beverages on the Project Site; iv) physical violence; v) riding in the passenger elevators; vi) thievery; and vii) the transportation of articles or materials deemed hazardous. If OWNER determines, in its sole discretion, that any laborer needs to, be removed due to his or her failure to comply with the terms of this provision, CONTRACTOR sllall remove such laborer from the Project Site immediately. 6.22 CONCEALED CONDITIONS 6.22.1 In the event conditions are encountered at the Project Site which CONTRACTOR pursuant to the responsibilities set forth in Paragraph 1.4 of the Contract did not discover or in accordance with the standard of performance set forth in Paragraph 2.2 of the Contract should not reasonably have discovered and such conditions are: (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature,which differ materially from those ordinarily found to exist and generally Approved: OWNER _ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 12 of 25 Contract No.CAPR-00013524-403528-01 recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than three (3) days after first observance of the conditions. OWNER will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the Contract Sum and/or Construction Schedule shall be equitably adjusted. ARTICLE 7 SUBCONTRACTORS; FLOW DOWN REQUIREMENTS 7.1 The CONTRACTOR shall submit the standard form of agreement between CONTRACTOR and Subcontractor to the OWNER for the OWNER's review and approval prior to the execution of any subcontracts, and, for each Subcontractor, shall provide the OWER with a copy of an executed subcontract agreement, prior to the performance of any Work by such Subcontractor or, if Subcontractor has already commenced any Work, promptly upon its execution. In the event that the OWNER directs the CONTRACTOR to modify such standard form of agreement, the CONTRACTOR shall make all directed changes without cost to the OWNER. OWNER will have the right to approve all Subcontractors, and CONTRACTOR shall not enter into a subcontract with an intended Subcontractor to whom OWNER objects. 7.2 It is the CONTRACTOR's obligation to ensure that all obligations of the CONTRACTOR under the Contract Documents are assumed by, and flowed-down and passed through to, the Subcontractors, Sub- subcontractors and suppliers of every tier, by the inclusion of contractual provisions requiring each of the Subcontractors to bind not only themselves but their lower tier Sub-subcontractors and suppliers (and similarly requiring such lower tier Sub-subcontractors and suppliers to bind themselves and their lower tier subcontractors, and so on for each lower tier, so as to bind all tiers of subcontractors) to the obligations of the CONTRACTOR under the Contract Documents. CONTRACTOR shall expressly include, and shall cause its Subcontractors and suppliers to expressly include, provisions in the subcontract agreements entered into for this Project that shall, without limitation, require each Subcontractor: i) To be bound to CONTRACTOR by the terms of the Contract Documents and to assume toward CONTRACTOR all obligations and responsibilities that CONTRACTOR assumes toward OWNER under the Contract Documents; ii)To submit to CONTRACTOR accurate applications for payment in such reasonable time as to enable CONTRACTOR to apply for payment under the Contract hereof; iii)To make all claims for extras or changes, for extensions of time and for damages for delays or otherwise, to CONTRACTOR in the manner provided for in the Contract Documents; iv)To make OWNER an express intended third party beneficiaries of the subcontracts; v)To waive all rights (including, without limitation, rights of subrogation) that the Subcontractor or its insurers may have against the OWNER and any of the Additional Insureds, to the same extent as such rights of subrogation are required to be waived by CONTRACTOR and/or the CONTRACTOR's insurer(s), except for such rights that the Subcontractor may have to the proceeds of such insurance held by the OWNER or CONTRACTOR; vi) To afford the OWNER and entities and agencies desiqnated by the OWNER the same rights and remedies afforded to them under the Contract Documents with respect to access to and the right to audit and copy at the OWNER's cost all of the Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, memoranda and other records and documents relating to the Work (specifically including, but not limited to, the rights of the Owner set forth in Section 13.15 herein); vii)To purchase and maintain insurance (and to include the Additional Insureds as additional insureds on the respective Subcontractors' liability policies) in accordance with the requirements of the Contract Documents; viii) To defend, indemnify and hold harmless the Indemnified Parties on the same terms as required of the CONTRACTOR under the terms of the Contract Documents. Such indemnification be fully enforceable and in compliance with applicable Laws; and ix)To warrant and represent that the Subcontractor has reviewed the Contract Documents and inspected the Project Site on the terms provided for in Paragraph 1.4, above. Approved: OWNER _ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 13 of 25 Contract No.CAPR-00013524-403528-01 Without limiting the generality of the foregoing, the CONTRACTOR shall include the following provision in each of its subcontract agreements: "Subcontractor agrees to be bound to Contractor by the terms of this Subcontract and all of the Contract Documents and to assume toward Contractor all of the obligations, risks and responsibilities that Contractor has assumed or may assume towards the Owner under the contract for construction of the Project between the Owner and Contractor dated 9/22/11, a copy of which is attached hereto as Exhibit and incorporated by reference (the "Prime Contract"). In addition to the Contractor's rights and remedies in this Subcontract, Contractor shall have the benefits of all rights and remedies against Subcontractor, which Owner, under the Prime Contract, has against the Contractor. The terms and provisions of this Subcontract regarding Subcontractor's Work shall be in addition to, and not in substitution or derogation of, any of the terms of the Prime Contract. Notwithstanding the incorporation of the Prime Contract into this Subcontract, Subcontractor's rights against Contractor (as opposed to Subcontractor's obligations, risks, responsibilities and limitations) shall be limited solely to the rights and remedies provided to Subcontractor under this Subcontract without regard to any rights and remedies afforded by the Prime Contract. Further, Subcontractor is not, and shall not, be deemed to be a third party I beneficiary of the Prime Contract or any other agreement relating to the Project." 7.3 CONTRACTOR agrees: i) To be responsible for all actions, inactions, and omissions of Subcontractors, and lower tier subcontractors, suppliers, and their agents, employees, and any other person employed or performing portions of the Work under a contract with CONTRACTOR or a party to a contract between CONTRACTOR and any Subcontractor or lower tier Subcontractor or supplier; and ii) Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between OWNER and any Subcontractor or lower tier Subcontractor or any other party than OWNER and CONTRACTOR. ARTICLE 8 CHANGES IN THE WORK 8.1 OWNER, without invalidating the Contract, may at any time order extra work or make changes by altering, adding to or deducting from the Work, the Contract Sum being adjusted accordingly. All such extra or changed work shall be authorized by a written Change Order. The form and substance of the Change Order shall be as set forth on Exhibit "E," unless OWNER advises CONTRACTOR, in writing, that a different form will be used on the Project. Upon receipt of such Change Order executed by OWNER, CONTRACTOR shall promptly proceed with such extra or changed Work involved and such extra or change will constitute a portion of the Work. 8.2 In the event that OWNER exercises its rights under Paragraph 8.1 or in the event of any other change in the Work, the Contract Sum shall be adjusted as follows: i) If the parties are able to reach mutual agreement as to the appropriate adjustment, then the Contract Sum shall be adjusted in the amount mutually agreed upon; or ii) By means of unit prices as set forth in Exhibit"C", attached hereto. 8.3 With respect to pricing Change Orders, the maximum mark-up percentage to be paid when the Work is self performed by CONTRACTOR shall be as set forth in Exhibit C ("Self-Performed Mark-up") and when the Work is performed by the Subcontractors, such maximum mark-up shall be as set forth on Exhibit"C" ("Subcontractor Mark-up"). ARTICLE 9 SUBSTANTIAL COMPLETION Approved: OWNER_ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 14 of 25 Contract No.CAP R-00013524-403528-01 9.1 Two (2) days prior to that time when CONTRACTOR anticipates that the Work associated with the achievement of any of the Milestone Dates or the Date of Substantial Completion will be sufficiently complete to qualify for Substantial Completion, such that the Work or the renovation of any unit identified by one of the Milestone(s) will be fit for its intended purpose as determined solely by OWNER, CONTRACTOR shall notify OWNER of such condition and request that a certificate of Substantial Completion for such Work be issued upon Substantial Completion. Accompanying this notification, CONTRACTOR shall submit CONTRACTOR's Punch List. 9.2 Within a reasonable time after being notified regarding Substantial Completion, OWNER will review CONTRACTOR's Punch List prepared for the Work in question and make a preliminary inspection of the work to determine if it qualifies for SUbstantial Completion. If in the opinion of OWNER the Work is not substantially complete, CONTRACTOR will be notified of such conditions. 9.3 If, in the opinion of OWNER, all Work associated with the achievement of any of the Milestone Dates is sufficiently complete to qualify for Substantial Completion, OWNER will inspect such Work and prepare OWNER's Punch List for such Work. At the completion of these inspections, a certificate of Substantial Completion of all Work or the Work associated with the achievement of any of the Milestone Dates will be issued by OWNER. CONTRACTOR shall be responsible for completing or correcting all items contained on the Punch Lists, promptly upon CONTRACTOR's receipt of OWNER's Punch List. 9.4 Upon the issuance of the certificate of Substantial Completion of the entire Work, or a certificate of Substantial Completion for Work associated with the achievement of any of the Milestone Dates, OWNER will be responsible for security, maintenance, damages to the completed work, utility costs, and operations of the facility or any portion thereof. CONTRACTOR, however, shall be responsible for any damages caused by CONTRACTOR's efforts to complete the Work, including any clean up costs. CONTRACTOR's insurance will remain in force until the Final Completion of the Work. 9.5 Guarantees and warranties required by the Contract Documents shall commence on the date of Final Completion of the entire Work or any designated portion of the Work as identified by a Milestone. Guarantees and warranties associated with Final Completion of a designated portion of the Work identified by a Milestone shall only commence with respect to that limited scope of Work and shall not commence with respect to the balance of the Work. ARTICLE 10 INSURANCE, INDEMNIFICATION AND BONDS 10.1 CONTRACTOR'S INSURANCE CONTRACTOR shall purchase and maintain at CONTRACTOR's sole expense such insurance as shall protect CONTRACTOR from claims for damages for personal injury, including death, resulting therefrom as well as for property damage, which may arise from operations under this Contract, whether such operations be by CONTRACTOR or by any Subcontractor or by anyone directly or indirectly employed by either of them. CONTRACTOR shall maintain such insurance without interruption from the Date of Commencement of the Work until Final Payment or termination of any coverage required to be maintained after Final Payment. The cost of such insurance shall be included in the Contract Sum. 10.1.1 Coverage shall be at least as broad as: i) Commercial General Liability insurance coverage insuring all operations bY! or on behalf of CONTRACTOR and including coverage for: (a) premises and operations; (b) products and completed operations; (c) contractual liability insuring the obligations assumed by CONTRACTOR under a Work Authorization; (d) personal injury liability; (e) broad form property damage; and (f) explosion, collapse, and underground ("XCU"); ii) Automotive Liability insurance covering all owned, hired and non-owned vehicles, and shall include coverage for the Automobile Contractual Liability; iii) Workers' Compensation insurance as required by applicable law or regulations or statutes and Employer's Liability insurance. 10.1.2 CONTRACTOR shall maintain limits of liability of at least: Approved: OWNER_ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 15 of 25 Contract No.CAPR-00013524-403528-01 1) Commercial General Liability policy form: $1,000,000 each occurrence bodily injury and property damage, $1,000,000 personal and advertising injury, $2,000,000 products and completed operations aggregate, $2,000,000 general aggregate. If the Contract Sum exceeds $1,000,000, the limits of liability for the Commercial General Liability policy form (both on an occurrence and aggregate basis) shall be no less than an amount equivalent to the Contract Sum up to a maximum limit of liability (both on an occurrence and aggregate basis) of $10,000,000. 2)Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3)Workers Compensation: Coverage as required by law. 4) Employer's liability: $500,000 bodily injury by accident $500,000 Disease-Each Employee $500,000 Disease Aggregate 5) CONTRACTOR, at its own expense, may obtain other coverages or higher limits. 10.1.3 Any deductibles or self-insured retentions must be declared to and approved by OWNER. At the option of OWNER, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects OWNER, its affiliates, parent and subsidiary entities, including, without limitation, Apartment Investment and Management Company (AIMCO), and any of AIMCO's subsidiaries and affiliates that may directly or indirectly own or manage the property at or for which the insured performs any work, and their respective partners, managers, members, employees, officers, directors, trustees, shareholders, counsel, representatives, agents, successors and assigns ("Additional Insureds"); or CONTRACTOR shall procure a bond guaranteeing payment of losses and defense costs. 10.1.4 The general liability insurance required by this insurance clause shall be written on an occurrence basis. 10.1.5 OWNER, its affiliates, parent and subsidiary entities, including, without limitation, Apartment Investment and Management Company (AIMCO), and any of AIMCO's subsidiaries and affiliates that may directly or indirectly own or manage the property at or for which CONTRACTOR performs any Work, and their respective partners, managers, members, employees, officers, directors, trustees, shareholders, counsel, representatives, agents, successors and assigns ("Additional Insureds") shall be named as additional insureds under the Commercial General Liability policy and the automobile policy. The Commercial General Liability policy and any excess or umbrella liability policy shall stipulate that the insurance afforded the Additional Insureds shall apply as primary insurance and that any other insurance carried by the Additional Insureds will be excess only and will not contribute with CONTRACTOR's insurance. The Commercial General Liability and any excess or umbrella liability policies shall contain the usual cross liability wording indicating that except for limits of liability, the policies shall operate as though separate policies were issued to each i,nsured. 10.1.6 Each insurance policy required by this insurance clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced if') coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to OWNER. 10.1.7 Insurance shall be placed with insurers which have an AM. Best's rating of A-or higher and financial size category of VII or higher or which OWNER deems in writing to be acceptable to OWNER. Approved: OWNER CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 16 of 25 Contract No.CAPR-00013524-403528-01 10.1.8 CONTRACTOR shall furnish OWNER with certificates of insurance before any Work is done and any materials are delivered to the Site. Failure to provide certificates of insurance shall not relieve CONTRACTOR of its contractual obligations and CONTRACTOR shall remain liable for each of the insurance obligations set forth hereunder. Insurance certificates shall clearly identify OWNER, contract number and all insurance coverages and special conditions as required by this Article. 10.1.9 Certificates are to be signed by a person authorized by the insurer to bind coverage on its behalf. 10.1.10 Failure of OWNER to require such certificates of insurance shall not relieve CONTRACTOR from the responsibility to provide the specified insurance coverages. 10.1.11 CONTRACTOR shall require all Subcontractors to furnish separate certificates of insurance. All coverages for Subcontractors shall be subject to all of the requirements stated herein. CONTRACTOR shall not allow any Subcontractor to begin Work until CONTRACTOR has obtained a certificate evidencing the required insurance or has provided OWNER with evidence of Subcontractor's insurance and OWNER has agreed to accept such insurance in lieu of the limits set forth herein. CONTRACTOR shall retain Subcontractor certificates of insurance on file and shall provide them to OWNER upon demand. 10.1.12 CONTRACTOR and its insurers shall waive any and all rights of subrogation against the Additional Insureds. 10.2 OWNER'S INSURANCE 10.2.1 OWNER will purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the Site on a replacement cost basis without voluntary deductible. Such coverage shall also insure the existing structure as well as any adjacent property owned by OWNER. 10.2.2 OWNER's property insurance shall not cover tools, apparatus, machinery, scaffolding, hoists, and other similar items commonly referred to as construction equipment, which may be on the Site and the capital value of which is not included in Work. CONTRACTOR shall make its own arrangement for any insurance CONTRACTOR may require on such construction equipment. 10.2.3 OWNER's property insurance shall be written on an "all-risk" basis and include, without limitation, Insurance against the perils of fere (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and CONTRACTOR's services and expenses required as a result of such insured loss. 10.2.4 OWNER's property insurance shall include an endorsement removing any exclusions from coverage, which might result from occupancy of the building by OWNER and tenants during the course of construction. 10.2.5 OW.—ER will purchase and maintain insurance,throughout the course of the Project,which will insure OWNER against loss of use/loss of rents due to fire or other hazards caused by an Insured Peril. I 10.2.6 CONTRACTOR shall pay the first $10,000 of deductibles under OWNER's property insurance for every claim against OWNER's property insurance that arises out of or results from the acts, errors or omissions of CONTRACTOR or those for whom it is responsible. 10.3 INDEMNIFICATION Approved: OWNER CONTRACTOR Cap ital Midrange,GC,Lump Sum,Contract,April 8,2008 17 of 25 Contract No.CAPR-00013524-403528-01 I 10.3.1 To the fullest extent permitted by law, CONTRACTOR shall indemnify, protect, defend and hold OWNER, its affiliates, parent and subsidiary entities, including, without limitation, Apartment Investment and Management Company (AIMCO), and any of AIMCO's subsidiaries and affiliates that may directly or indirectly own or manage the property at or for which CONTRACTOR performs any Work, and their respective partners, managers, members, employees, officers, directors, trustees, shareholders, counsel, representatives, agents, successors and assigns (the "Indemnified Parties") free and harmless from any and all liabilities, penalties, fines, losses, claims, demands, actions, suits and costs (including, without limitation, reasonable attorneys' fees, expert fees, court costs and expenses), if caused by reason of or as a result of the performance of the Work, whether based upon or claimed to be based upon statutory, contractual, tort or other liability hereunder. 10.3.2 CONTRACTOR covenants, represents and warrants that the Work shall be free of all products, constituents, materials or processes containing asbestos, lead-based paint, or any other toxic or hazardous materials ("Hazardous Materials"). CONTRACTOR shall indemnify, hold harmless and, if requested by OWNER in its sole and absolute discretion, defend (with counsel approved by OWNER)the Indemnified Parties from and against any and all claims, demands, damages, liabilities, judgment, penalties, fines, interest, reasonable attorneys' fees, costs and expenses (collectively, "Losses"), including, without limitation, Losses associated with bodily injury, property damage, or the removal of the Work and restoration of OWNER's property, to the extent arising out of a breach of the covenant, representation and warranty set forth in this Paragraph or the presence of Hazardous Materials in the Work. Without limiting the foregoing, CONTRACTOR shall retain full responsibility for, and shall bear all cost associated with, any remediation of OWNER's property due to the presence of Hazardous Materials in the Work to the extent remediation is requested by any governmental authority or by OWNER, in its sole discretion. In the event CONTRACTOR fails to promptly undertake such remediation upon request by any governmental authority or OWNER, OWNER will have the right, but not the obligation, to undertake such remediation at CONTRACTOR's sole cost and expense, and charge CONTRACTOR the cost of such remediation (including hard and soft costs), plus interest at the lesser of the maximum permitted by law or 15% on the cost of such remediation, plus an administrative overhead charge equal to 10% of the amount of such remediation. 10.3.3 To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend and hold harmless the Indemnified Parties from all liabilities, claims, demands, actions, suits and costs (including, without limitation, reasonable attorneys'fees, expert fees, court costs and expenses) if caused by reason of or as result of a notice of lien, claim for lien, lien, or suit to foreclose a lien filed, given, made or maintained by Subcontractor, Sub-subcontractor or supplier provided that the CONTRACTOR has received payment pursuant to the terms of this Contract and subject to OWNER's rights to withhold payment as provided in this Contract. 10.3.4 To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend and hold harmless the Indemnified Parties from all liabilities, claims, demands, actions, suits and costs (including, without limitation, reasonable attorneys' fees, expert fees, court costs and expenses), if caused by reason of or as result of an infringement by the Contractor, or any party for whom Contractor is legally liable, of any claim of any United States or foreign patent, trademark, trade name, copyright or similar right. 10.3.5 The Indemnified Parties persons have the right to select legal counsel of their own choosing to defend them in any action for which CONTRACTOR iowes OWNER or such other indemnified persons a defense obligation under this Paragraph. 10.3.6 In claims against any person or entity indemnified under this Paragraph 10.3 by an employee of the CONTRACTOR, a Subcontractor or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligations under this Paragraph 10.3 shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Approved: OWNER _ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 18 of 25 Contract No.CAPR-00013524403528-01 i 10.3.7 No person or entity indemnified under the terms of this Paragraph 10.3, or by any other provision in this Contract, shall be indemnified for claims arising from such person's or entity's own negligence, and the provisions of this Paragraph 10.3 shall not be construed to require the CONTRACTOR to indemnify any person or entity indemnified hereunder for or against such person's or entity's own negligence or to require any indemnification which would make the provisions of this Paragraph 10.3 void or unenforceable. 10.3.8 The obligations of the CONTRACTOR pursuant to this Paragraph 10.3 are not to be construed to negate or reduce any other right or obligation of indemnification which would otherwise exist as to any party or person described in this Paragraph 10.3. All provisions of this Contract that require CONTRACTOR to insure, defend or indemnify OWNER shall survive any termination, expiration or completion of this Contract. 10.4 PERFORMANCE AND PAYMENT BONDS 10.4.1 Within ten (10) days after the Commencement Date, CONTRACTOR, at its sole cost and expense, shall deliver to OWNER and such other parties OWNER may designate from time to time, both a payment bond and a performance bond, both issued in the full amount of the Contract Sum (along with copies of the paid premium receipts)(the "Bonds"). The Bonds shall be issued by a surety company reasonably satisfactory to OWNER and any lender it may identify to CONTRACTOR (the "Lender"). The Bonds name OWNER and its Lender, if so identified by OWNER, as the Obligee(s) on the Bonds and the Bonds shall guaranty the prompt payment of all amounts to be paid by CONTRACTOR for labor and materials and the due and prompt performance of all of the terms of this Contract. Notwithstanding the foregoing, OWNER may provide CONTRACTOR with written direction expressly waiving CONTRACTOR's obligation to obtain the foregoing Bonds. 10.4.2 If CONTRACTOR fails to furnish the Bonds as set forth in Paragraph 10.4.1, OWNER will have the right, but not the obligation, of securing such Bonds and deducting the cost of the Bonds from the Contract Sum. In such case, CONTRACTOR shall execute such applications and undertakings as shall be required by OWNER to obtain and maintain the Bonds. 10.4.3 Each surety providing a Bond must have a Best's rating not less than B/XII and be licensed in the state where the Work is to be performed. The Bonds shall be drafted in accordance with the most recent version of AIA Document A-311, modified to conform in every material respect to CONTRACTOR's obligations under the Contract. The Bonds must display the Surety's bond number. 10.4.4 The following language shall be included within the terms of the Bonds: Surety hereby consents to and waives notice of any addition, alteration, omission, change or other modification of the Contract Documents as defined in the agreement entered into by the Obligor for the performance of construction services, the value of which, singularly or in the aggregate, do not exceed fifteen percent (15%) of the Contract Sum. With the exception of the foregoing, any addition, alteration, change, extension of time, or other modification of the Contract Documents, or any forbearance on the part of either OWNER or CONTRACTOR to enforce its rights under the Contract which is the subject matter of the bond(s) shall not release Surety of its obligations, thereunder and notice to Surety of all such matters is hereby waived. ARTUCLE 11 TERMINATION 11.1• TERMINATION BY CONTRACTOR 11.1: 1 CONTRACTOR may suspend performance of the Work or any portion thereof after thirty (30) days prior written notice if, through no act or fault of CONTRACTOR or any other persons performing portions of the Work under Contract with CONTRACTOR, any of the following occurs: i) Issuance of an order of a court or other public authority having jurisdiction. ii)An act of government, such as a declaration of national emergency, making material unavailable; Approved: OWNER _ CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 19 of 25 Contract No.CAPR-00013524-403528-01 iii) OWNER has repeatedly not made payment within the time stated in the Contract; or iv) OWNER has persistently failed to fulfill OWNER's obligation under the Contract with respect to matters important to the progress of the Work. 11.1.2 If for the reasons set forth in Paragraph 11.1.1, the Work is suspended for thirty (30) days and no cure has been effectuated, CONTRACTOR may, upon twenty (20) additional days written notice to OWNER, terminate this Contract. 11.1.3 In the case of a partial suspension of the Work, CONTRACTOR shall continue to perform work not affected by such partial suspension. If the Work is suspended, an adjustment may be made in the Contract Sum and the Construction Schedule. 11.2 TERMINATION BY OWNER FOR CAUSE 11.2.1 OWNER may terminate the Contract if CONTRACTOR: i) Refuses or fails to supply enough properly skilled workers or proper materials; ii) Fails to make payment to Subcontractors for services, materials or labor in accordance with the respective agreements between CONTRACTOR and the Subcontractors; iii) Disregards any Laws; or iv) Otherwise has materially breached a provision of this Contract. 11.2.2 When any of the above reasons exist, OWNER may without prejudice to any other rights or remedies of OWNER and after giving CONTRACTOR five (5) days' written notice, terminate employment of CONTRACTOR and may: i)Take possession of the Site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by CONTRACTOR; or ii)Accept assignment of subcontracts and finish the Work by whatever reasonable method OWNER may deem expedient. 11.2.3 When OWNER terminates the Contract for one of the reasons stated in Paragraph 11.2, CONTRACTOR shall not be entitled to receive further payment until the Work is complete. 11.2.4 If OWNER's termination of CONTRACTOR pursuant this Paragraph 11.2 is, for any reason, adjudicated to be unwarranted or unjustified, OWNER's termination of CONTRACTOR shall be treated as though it were accomplished pursuant to Paragraph 11.3 hereof. 11.3 TERMINATION BY OWNER FOR CONVENIENCE OWNER may, without cause, terminate performance under this Contract by CONTRACTOR. OWNER will give written notice of such termination to CONTRACTOR specifying when termination becomes effective. CONTRACTOR shall incur no further obligations in connection with the Work and CONTRACTOR shall stop Work when such termination becomes effective. CONTRACTOR shall also terminate outstanding orders and subcontracts. OWNER may direct CONTRACTOR to assign CONTRACTOR's right, title and interest under outstanding orders or subcontracts to OWNER or its designee. CONTRACTOR shall transfer title and deliver to OWNER such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as CONTRACTOR has. Upon termination pursuant to this Paragraph, CONTRACTOR shall be entitled to payment for that Work completed prior to the termination for convenience as well as, if applicable, reimbursement of the actual costs incurred by CONTRACTOR to terminate outstanding orders and subcontracts. 11.4 OWNER'S RIGHT TO SUSPEND CONTRAICTOR'S PERFORMANCE AND PERFORM WORK 11.4.1 OWNER will have the right at any time to direct CONTRACTOR to suspend CONTRACTOR's performance of the Work or any portion of the Work for any reason whatsoever, or without reason, for such period of time as OWNER may determine. Approved: OWNER CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 20of25 Contract No.CAPR-00013524-403528-01 u ARTICLE 12 CLAIMS AND DISPUTES 12.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of the terms of the Contract, payment of money, extension of time or other relief with respect to the terms of the Contract. 12.2 The term "Claim"also includes other disputes and matters in question between the OWNER and the CONTRACTOR arising out of or relating to the Contract. Claims must be initiated by written notice. 12.3 The OWNER shall be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims as to the performance and finishing of the Work, in respect to extras or changes in the Contract Sum, the amount of payment due the CONTRACTOR, or modifications of the Construction Schedule will be initially made by the OWNER. 12.4 Prior to the CONTRACTOR's exercise of any other remedy that may be available under the Contract, the Contract Documents or by law, the CONTRACTOR shall submit all Claims to the OWNER for decision in writing within 7 days after the event giving rise to any such dispute occurs or commences. The CONTRACTOR's failure to submit all claims, disputes and other matters to the OWNER in accordance with this Paragraph shall result in the CONTRACTOR fully and conclusively waiving the right to any remedy that may be available under the Contract, Contract Documents, by law or by regulation. 12.5 If the OWNER's decision on any claim, dispute or other matter shall be adverse to the CONTRACTOR, or if the OWNER makes no decision for 60 days from the CONTRACTOR's submission, the CONTRACTOR shall initiate, and the OWNER shall, at its sole discretion, participate in, a mediation with a mediator mutually selected by the parties. Only upon the conclusion of such mediation, or after notice from the OWNER to the CONTRACTOR of the OWNER's election not to participate in such mediation, shall the CONTRACTOR have any right, remedy or redress by action in court or otherwise, and the CONTRACTOR's obligations under this Paragraph 12.5 shall be a condition precedent to any action in court or otherwise. 12.6 The OWNER shall not be required to initiate any mediation of claims or demands it may have against the CONTRACTOR. However, if the OWNER, in its sole discretion, intends to meditate such a claim or demand, the CONTRACTOR shall participate in such mediation and the mediator shall be mutually selected by the parties. The OWNER may abandon such mediation at any time. The OWNER may seek the adjudication in court of any of its rights or remedies against the CONTRACTOR at any time without any condition precedent. 12.7 MEDIATION PROCEDURES 12.7.1 In the event that claims, disputes and other matters in question between the OWNER and the CONTRACTOR are to be subjected to mediation, the mediation shall, unless the parties mutually agree otherwise, be in accordance with Construction Industry Mediation Rules of the American Arbitration Association. The request may be made concurrently with the institution of leqal or equitable proceedings, but in such event, mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 12.7.2 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated Approved: OWNER CONTRACTOR_ Capital Midrange,GC,Lump Sum,Contract,April 8,2008 21 of 25 Contract No.CAPR-00013524-403528-01 biphenyl (PCB), encountered on the Site by CONTRACTOR, CONTRACTOR shall, upon recognizing the condition, immediately stop work in the affected area and report the condition to OWNER in writing. When the material or substance has been rendered harmless, work in the affected area shall resume upon written agreement of OWNER and CONTRACTOR. The applicable time periods within the Construction Schedule shall be extended appropriately and the Contract Sum shall be increased in the amount of CONTRACTOR's reasonable additional costs of shutdown, delay and start-up, which adjustments shall be accomplished by Change Order. 13.2 CONTRACTOR shall only bring claims against OWNER and shall not bring claims or lawsuits against any principals, employees, agents, officers, directors, stockholders, partners or affiliates of OWNER, AIMCO, AIMCO Properties, L.P. or AIMCO-GP, Inc. CONTRACTOR further agrees that the sole and exclusive remedy of CONTRACTOR for payment and/or performance of this Contract shall be against the assets of OWNER. 13.3 No act or failure to act to exercise the rights enjoyed by OWNER to demand the obligations owed to OWNER by CONTRACTOR shall constitute a waiver of any right enjoyed or obligation owed. 13.4 Nothing in this Contract shall create, or be construed to create, any third party beneficiary rights in any person not a signatory to this Contract except OWNER will be third party beneficiaries of CONTRACTOR's agreements with all of its Subcontractors and CONTRACTOR shall include or cause to be included similar provisions in each of the aforementioned agreements naming OWNER as third party beneficiaries. 13.5 Jurisdiction/Governing Law. CONTRACTOR hereby irrevocably submits itself to the original jurisdiction of the District Court of Denver of the State of Colorado with regard to any controversy in any way arising out of or relating to the execution or performance of Contract and agrees that any such suit, action or legal proceeding shall be brought in such state court. CONTRACTOR further irrevocably (i) consents to the jurisdiction of such state court in any such suit, action or legal proceeding, (ii)waives any objection it may have to the laying of venue of any such suit, action or legal proceeding in such state court(iii)waives any defense based upon inconvenient forum or improper venue and (iv) waives any right it may have to remove such suit, action or legal proceeding to the courts of the United States. CONTRACTOR further agrees that any and all disputes arising out of or relating to Contract or the performance of it by either party shall be adjudicated solely by and be governed by the laws of the State of Colorado without regard to conflicts of law analysis. EACH PARTY HEREBY WAIVES AND RELEASES ITS RIGHT TO CLAIM A TRIAL BY JURY WITH RESPECT TO ANY ACTION BY OR AGAINST THE OTHER PARTY ARISING HEREUNDER. The CONTRACTOR shall include a similar provision in each of its subcontract agreements requiring the Subcontractor to waive its right to claim a trial by jury. 13.6 CONTRACTOR agrees to abide by the requirements of the Fair Housing Amendments Act of 1988 and will not engage in any discriminatory practices, any discriminatory language or any act that may be deemed discriminatory by Fair Housing Law. 13.7 CONTRACTOR agrees to abide by the Department of Transportation ("DOT") regulations (Part 382 of Title 49 of the Code of Federal Regulations), if applicable. 13.8 CONTRACTOR hereby represents and warrants to OWNER that all services and Work performed, and all materials provided, by, through, or under supplier pursuant to or in connection with this Contract will be so performed or provided, and will be, in full compliance with (i) all federal, state, and local laws, rules, and regulations relating to the protection of the environment, pollution, and the generation, transportation, storage, and disposal of hazardous materials and substances, (li) all federal, state, and local laws, rules, and regulations relating to the accessibility by and accommodation of handicapped persons, including, without limitation, the Americans With Disabilities Act, (iii) all federal, state, and local laws, rules, and regulations relating to discrimination of any type or manner, and (Iv) all federal, state, and local laws, rules, and regulations relating to the protection of employee health & safety, including, without limitation, the Occupational Safety and Health Act(29 CFR). Approved: OWNER CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 22 of 25 Contract No.CAPR-00013524-403528-01 13.9 Pressure Treated Lumber. In performing the Work of this Contract, CONTRACTOR shall not use, or bring on to the Site, any pressure-treated lumber, or similar building material that has been treated with toxic or hazardous substances, without first obtaining the prior written approval of OWNER. CONTRACTOR shall immediately notify and bring to the attention of OWNER those portions of the Contract Documents that require the use of, or reference, pressure-treated lumber, including, but not limited to, the Specifications and Drawings. 13.10 In the event any provision of this Contract is held to be invalid and unenforceable, the remaining provisions shall remain valid and binding upon the parties. 13.11 Notice required under this Contract shall be in writing and sent by personal delivery, commercial overnight courier (e.g., Federal Express), certified mail postage prepaid return receipt requested, or e- mail (except that e-mail shall not be an acceptable or valid form of notice hereunder in those instances or circumstances involving a material right or obligation under the Contract, including an event of default, termination, suspension, any claims or disputes)to the parties and the addresses set forth below: i) If to OWNER, to the individual who signed this Contract on behalf of OWNER c/o AIMCO 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237, with copies to: (a) OWNER's Representative at the address set forth in Paragraph 5.6 above; (b) Lisa Cohn, Esq., General Counsel, c/o AIMCO 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (email: lisa.cohn@aimco.com); and (c) Ken Diamond, Esq., Senior Counsel, c/o AIMCO 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (e-mail: ken.diamond@aimco.com). ii) If to CONTRACTOR, to CONTRACTOR's Representative at CONTRACTOR's address as set forth herein. iii) Notices shall be deemed to have been effectively given: (a) on the date of actual receipt by the party to whom the notice was addressed if by personal service, (b) the first(1 st) business day after delivery by overnight, (c)the first(1 st) business day after delivery bye-mail or(d) on the third (3rd) business day after mailing. 13.12 OWNER and CONTRACTOR each represent that they are sophisticated businesses, that this Contract has been entered into with full knowledge and acceptance of each parties rights and obligations hereunder, and that each party had the opportunity to participate in the drafting of this Contract. Therefore, in the event of any ambiguity in the language contained in this Contract, neither OWNER nor CONTRACTOR shall raise, by way of defense or otherwise, any rule of contract construction which seeks to construe any term or provision of this Contract against the drafter. 13.13 This Contract shall be binding upon the parties and their respective successors, assigns and personal representatives. CONTRACTOR shall not assign or transfer this Contract or any part hereof without OWNER's prior written consent. Such consent shall not be unreasonably withheld. Nothing in this Contract shall limit OWNER's right to freely assign or delegate any rights or obligations under this Contract to any corporation, partnership or other legal entity or individual. 13.14 CONTRACTOR is prohibited from providing gifts or other things of value worth more than $25 to OWNER or OWNER's employees, agents or contractors. CONTRACTOR's violation of this prohibition shall constitute grounds for immediate termination of this Contract pursuant to the default provisions of this Contract. 13.15 CONTRACTOR shall maintain books and records with respect to the Work to be provided hereunder and the fees to be paid hereunder. OWNER will, for a period of two (2) years after the expiration, completion or the termination of this Contract, have the right to review and audit the books and records of CONTRACTOR with respect to such Work and fees. If such audit determines that OWNER has overpaid CONTRACTOR, CONTRACTOR shall immediately pay the amount of overpayment plus interest at 12% per annum from the date when such payment driginally was due. In the event that CONTRACTOR disputes any audit conducted by OWNER, then the matter shall be submitted to arbitration before a nationally recognized certified independent public accounting firm (the "CPA") in Denver, Colorado, that has not been affiliated with or done work for CONTRACTOR or OWNER or their respective affiliates for the preceding two years. If the parties are unable to agree on an accounting firm, then the American Arbitration Association located in Denver, Colorado shall Approved: OWNER CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 23 of 25 Contract No.CAPR-00013524-403528-01 li a • select the same. The results of such CPA shall be final, binding among the parties and enforceable in any court of competent jurisdiction. 13.16 No provision of this Contract shall be deemed to have been waived, except if such waiver is contained in a written instrument executed by the party against whom such waiver is to be enforced. No waiver by a party of any term or condition of this Contract shall constitute a waiver by such party of any prior, concurrent or subsequent breach or default of the same or any other term or condition of this Contract. 13.17 CONTRACTOR waives and releases all claims for or right to any consequential, incidental, exemplary, punitive or special damages. CONTRACTOR's subcontracts shall contain identical waivers and releases by the Subcontractors in favor of CONTRACTOR and OWNER. 13.18 The provisions of this Contract, which by their reasonable terms are intended to survive termination of this Contract, shall survive termination. 13.19 CONTRACTOR shall not cause, or permit to be caused by CONTRACTOR or any of its employees, agents or contractors, any Hazardous Materials (as defined below) to be transported to, or dumped, spilled, released, stored, or deposited on, over or beneath any property owned by OWNER. "Hazardous Materials" means substances, materials or waste the generation, handling, storage, treatment or disposal of which is regulated by any local or state government authority or laws, as a "hazardous waste," "hazardous material," or"hazardous substance," and including, without limitation, those designated as a "hazardous substance" under Section 311 or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Secs. 1321, 1317), defined as a "hazardous waste" under Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Sec. 6903), or defined as a "hazardous substance" under Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Sec. 9601), and, including, without limitation, petroleum products and byproducts, PCBs and asbestos. 13.20 This Contract may be executed in several counterparts, and each counterpart shall constitute one Contract binding on all parties hereto, notwithstanding that all of the parties are not signatory to an original or same counterpart. This Contract may be executed by facsimile signature. 13.21 The section headings herein are inserted only for convenience and reference and shall in no way define, limit, or prescribe the scope or intent of any provisions of this Contract. 13.22 When the context in which words are used herein indicates that such is the intent, words in the singular number shall include the plural and vice versa. All pronouns and any variations thereof shall be deemed to refer to all genders. 13.23 Each person executing this Contract represents and warrants that it is duly authorized to execute this Contract by the party on whose behalf it is so executing. 13.24 As used in this section, the defined term "OWNER" shall expressly include OWNER and all of its affiliates and subsidiaries. CONTRACTOR acknowledges that, in performing the work hereunder, CONTRACTOR may learn, acquire, gather or develop secret and confidential information and data concerning OWNER or the tenants of OWNER, business, plans, programs, employees and operations of, or belonging to OWNER, and/or other companies with whom OWNER has a business relationship, and additional information and data will be made available to CONTRACTOR or be developed or acquired by CONTRACTOR as a result of the services to OWNER under this Contract. In this regard, CONTRACTOR acknowledges that OWNER is in the business of owning, operating, managing, selling or acquiring properties and that information and data related thereto is protected hereby. CONTRACTOR represents and warrants that it shall treat all such information and data as OWNER's confidential property and not divulge it to others at any time nor use it for any purpose, except on behalf of OWNER, without the prior written consent of OWNER. This obligation to keep such information and data confidential shall continue beyond and after the termination of this Contract. At the completion or termination of this Contract or at any time OWNER so requests, CONTRACTOR shall deliver to OWNER all notes, memoranda, records, drawings, drafts or other Approved! OWNER_ CONTRACTOR_ Capital Midrange,GC,Lump Sum,Contract,April 8,2008 24 of 25 Contract No.CAPR-00013524-403528-01 s documents (including without limitation, all copies and reproductions thereof) and other information or material resulting from or in connection with the work that are confidential in nature and cannot be obtained in the public domain or by an onsite visit to the property which may come into CONTRACTOR's possession or custody. CONTRACTOR shall include a similar provision in any contract with a Subcontractor hereby. 13.25 Although CONTRACTOR and its contractors, subcontractors, consultants and vendors may employ relatives of employees of the OWNER, its affiliates, parent and subsidiary entities, including, without limitation, AIMCO and any of AIMCO's subsidiaries and affiliates that may directly or indirectly own or manage the property at or for which CONTRACTOR performs any Work (the "AIMCO Employees"), CONTRACTOR shall immediately so inform OWNER of such employment as soon as known, 'or discovered. OWNER reserves the right to require that CONTRACTOR and/or its contractors, subcontractors, consultants, and any vendors modify work assignments of the AIMCO Employee's relative where a conflict of interest, of the appearance thereof, is deemed by OWNER to exist. CONTRACTOR shall include this provision in its subcontract and material supply agreements. 13.26 CONTRACTOR acknowledges, understands and agrees that OWNER may execute or make payments under this Contract by, or through, an authorized representative(s) of the OWNER. Notwithstanding anything contained herein to the contrary, such authorized representative(s) and/or its affiliates shall not incur any liability, or other obligation, under this Contract to CONTRACTOR, for any reason, including, but not limited to, for any payments that may be due CONTRACTOR hereunder, nor shall any payment made by an authorized representative(s) create, or be construed to create, a contract between the CONTRACTOR and such authorized representative(s). 13.27 CONTRACTOR shall not publicize, publish or otherwise use the name of OWNER, AIMCO or any of their affiliates in any advertising, customer list or similar document, or otherwise disclose the contractual relationship with OWNER, AIMCO, or their affiliates, without the prior written approval of AIMCO, which may be given or withheld in AIMCO's sole discretion. This Contract entered into as of the day and year first written above. OWNER: CONTRACTOR: AIMCO NORTH ANDOVER, L.L.C. ANS Construction By: EN02415-OP Property Mgmt, LLC, solely as authorized representative of Owner CONTRACTOR's License No. /. Authorized Authorized Signature: Signature: Print Name: John Ruff Print Name: ohn DuVally Print Title: Construction Director Print Title: Owner Approved: OWNER CONTRACTOR Capital Midrange,GC,Lump Sum,Contract,April 8,2008 25 of 25 Contract No.CAP R-00013524-403528-01