AG 2002 07 22 (Regular) - Laserfiche WebLink

Home Browse Search

the contrary_, at the Owner's sole option, an_v dispute arisir~_ under or relating to the Contract Documents or the Project and not resolved pursuant to para~'_ aph 6.1. shall be resolwd by private ad_iudioation under the auspices and rules of the Private Adjudication Center (the '~PAC"). Dunham_ North Carolina. All fees of the PAC shall be borne eaually by the oarties to the dispute. The Owner and Desi_nn/Builder _a~'ee to be bound by any award made by the PAC in the adjudi,eafion of any ~taim or dispute described herein. The private adjudication shall be held in Cabarrus County. North Carolina. unless another location is mutually a~'_ ced upon, · e co~. it is ~ly comply m~ No~ C~olm Semte Bill 914. ~ long~ · e mm~ momt m con~ov~sy for a p~cul~ dispu~, ms~ out of~e contact or core,etlon pmce~ is $1f000. · en ~e ~pute resolmion ~oee~es set fo~ bere~ ~hall av~lable to all p~es ~volved ~clu~g ~e ~c~ct Desi~mlder. Con~ctom Subcon~tom · e ~ ~11 p~v for me-~d of ~e eo~t of ~e ~spu~ r~oluhon process. ·spum ~ whch e~e ~e ~er s~ p~v for ~f of such 6.6 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law m any court having jurisdiction thereof. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Unless otherwise prodded, this Par~ 1 Agreement shall be gnvemed by the law of the place where the Project is located. 7.2 The Owner and thc Design/Builder, respectively, bind themselves, thek partners, successors, assigns and legal representatives to the other party to this Part 1 Agreement and to the partners, successors and assigns of such other party with respect to all covenants of this Part 1 Agreement. N¢i+&cr ~:,r,~ ncr t~ae Design/Builder shall not assign this Part 1 Agreement without the prior written consent of the Owner- 7.3 Unless otherwise provided, neither the design for nor the cost of remediation of hazardous materials shall be the responsibility of the Design/Builder. 7.4 This Part 1 A~reement represents the entire and integrated agreement between the Owner and the Design/Builder and supersedes all prior negotiations, representations or agreements, either written or oral. This Part 1 Agreement may be amended only by written instrument signed by both the Owner and the Design/Builder. 7.6 Prior to the termination of the services of the Architect or any other design professional designated in this Part I Agreemen~ the Design/Builder shall identify to the Owner in writing another architect or design professional with respect to whom the Owner has no reasonable objection, who will provide the services originally to have been provided by the Architect or other design professional whose services are being terminated. Insert K: 7.6 The Owner's not insisting upon strict compliance with an_v of the provisions of this A~r_ eement and the Contract Documents. or not exercising_ any of its optiol~ provided herein, shall not be construed as a waiver of its ri_gAt thereafter to require such compliance or to exercise any such O_Dtion~. 7.7 Representations and Warranties. The Desi_nn/Builde~ represents and warrants to the Owner (in addition to all other © ALi. DOCUMENT Algl · OWNER.-DF.,~ION/BUILDER AOREEMENT · SECOND EDITION · AIA® · ©1996 TILb; AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENt~ NW, WASHINGTON, DC 20006.5292 · WARNING: Unlicensed photocopying violags U.S. copyright laws and is subject to legal prosecution.. This document was electronically produced with pmnission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format Al91.1996 10