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AG 2002 07 22 (Regular)
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AG 2002 07 22 (Regular)
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Last modified
3/2/2006 5:01:32 PM
Creation date
11/27/2017 11:43:40 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/22/2002
Board
Board of Commissioners
Meeting Type
Regular
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the contrary_, at the Owner's sole option, an_v dispute arisir~_ <br />under or relating to the Contract Documents or the Project and <br />not resolved pursuant to para~'_ aph 6.1. shall be resolwd by <br />private ad_iudioation under the auspices and rules of the Private <br />Adjudication Center (the '~PAC"). Dunham_ North Carolina. <br />All fees of the PAC shall be borne eaually by the oarties to the <br />dispute. The Owner and Desi_nn/Builder _a~'ee to be bound by <br />any award made by the PAC in the adjudi,eafion of any ~taim <br />or dispute described herein. The private adjudication shall be <br />held in Cabarrus County. North Carolina. unless another <br />location is mutually a~'_ ced upon, <br /> <br />· e co~. it is <br />~ly comply m~ No~ C~olm Semte Bill 914. ~ long~ <br />· e mm~ momt m con~ov~sy for a p~cul~ dispu~, <br />ms~ out of~e contact or core,etlon pmce~ is $1f000. <br />· en ~e ~pute resolmion ~oee~es set fo~ bere~ ~hall <br />av~lable to all p~es ~volved <br />~clu~g ~e ~c~ct Desi~mlder. Con~ctom <br />Subcon~tom <br />· e ~ ~11 p~v for me-~d of ~e eo~t of ~e ~spu~ <br />r~oluhon process. <br />·spum ~ whch e~e ~e ~er s~ p~v for ~f of such <br /> <br />6.6 The award rendered by the arbitrator or arbitrators <br />shall be final, and judgment may be entered upon it in <br />accordance with applicable law m any court having jurisdiction <br />thereof. <br /> <br /> ARTICLE 7 <br />MISCELLANEOUS PROVISIONS <br /> <br />7.1 Unless otherwise prodded, this Par~ 1 Agreement <br />shall be gnvemed by the law of the place where the Project is <br />located. <br /> <br />7.2 The Owner and thc Design/Builder, respectively, bind <br />themselves, thek partners, successors, assigns and legal <br />representatives to the other party to this Part 1 Agreement and <br />to the partners, successors and assigns of such other party with <br />respect to all covenants of this Part 1 Agreement. N¢i+&cr <br />~:,r,~ ncr t~ae Design/Builder shall not assign this Part 1 <br />Agreement without the prior written consent of the Owner- <br /> <br />7.3 Unless otherwise provided, neither the design for nor <br />the cost of remediation of hazardous materials shall be the <br />responsibility of the Design/Builder. <br /> <br />7.4 This Part 1 A~reement represents the entire and <br />integrated agreement between the Owner and the <br />Design/Builder and supersedes all prior negotiations, <br />representations or agreements, either written or oral. This Part <br />1 Agreement may be amended only by written instrument <br />signed by both the Owner and the Design/Builder. <br /> <br />7.6 Prior to the termination of the services of the <br />Architect or any other design professional designated in this <br />Part I Agreemen~ the Design/Builder shall identify to the <br />Owner in writing another architect or design professional with <br />respect to whom the Owner has no reasonable objection, who <br />will provide the services originally to have been provided by <br />the Architect or other design professional whose services are <br />being terminated. <br /> <br />Insert K: 7.6 The Owner's not insisting upon strict <br />compliance with an_v of the provisions of this A~r_ eement and <br />the Contract Documents. or not exercising_ any of its optiol~ <br />provided herein, shall not be construed as a waiver of its ri_gAt <br />thereafter to require such compliance or to exercise any such <br />O_Dtion~. <br /> <br />7.7 Representations and Warranties. The Desi_nn/Builde~ <br />represents and warrants to the Owner (in addition to all other <br /> <br />© ALi. DOCUMENT Algl · OWNER.-DF.,~ION/BUILDER AOREEMENT · SECOND EDITION · AIA® · ©1996 TILb; AMERICAN INSTITUTE OF ARCHITECTS, <br />1735 NEW YORK AVENt~ NW, WASHINGTON, DC 20006.5292 · WARNING: Unlicensed photocopying violags U.S. copyright laws and is subject to legal <br />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. <br /> Electronic Format Al91.1996 <br /> 10 <br /> <br /> <br />
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