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TERMS AND CONDITIONS--PART 2 AGREEMENT ARTICLE 1 GENERAL PROVISIONS 1 .t BASIC DEFINITIONS 1.1.1 The Contract Documents consist of the Part 1 Agreement to the extent not modified by this Part 2 Agreement, this Part 2 Agreement, the Design/Builder's Proposal and written addenda to the Proposal identified in Article 14, the Construction Documents approved by the Owner in accordance with Subparagraph 3.2.3 and Modifications issued after execution of this Part 2 Agreement. A Modification is a Change Order or a written amendment to this Part 2 Agreement signed by both parties, or a Construction Change Directive issued by the Owner in accordance with Paragraph 8.3. 1.1.2 The term "Work" means the construction and services provided by the Design/Builder to fulfill the Design/Builder's obligations. Insert M: 1.1.3 The term "'arbitration". as used in the Contract Documents. shall mean private ad!udicati0rl ~8 described in Article i0. 1.2 EXECUTION, CORRELATION AND INTENT t.2,1 It ii the intent of the Owner and Design/Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by one shall be as binding as if required by al!; F:ffc.'~,,=:c: by *A: *'~; ................ ~ .... **'~ inLet, dod rcau!~. Work not exp_ ressly required by the Contra~ Documents, but which is reasonably implied as necessary_ to produce thc results intended by the ConWact Documents. shall be considered by the Desi_mafBuilder to be required. Words that have well- known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized 1.2.2 If the Design/Builder believes or is advised by the Architect or by another design professional retained to provide services on the Project that implementation of any instruction received firom the Owner would cause a violation of any applicable law, the Design/Builder shall notify the Owner in writing. Neither the Design/Builder nor the Architect shall be obligated to perform any act which either believes will violate applicable law. 1,2.3 Nothing contained in this Part 2 Agreement shall create a contractual relationship between the Owner and any person or entity other than the Design/Builder. Insert N: 1.2.3.1 Desi_an/Builder shall be an independent contractor in all its activities pursuant to t, his A~'_ cement, Desi_an/Builder is not to be considered the Owner's employee or ~ent for any purpose ineludin~ but not limited to. the accrual of any employee benefits. Des'mn/Builder is not authorized to represent the Owner or otherwise bind the Owner in any dealing, s between Desi_ma/Builder and third parties. Any employees furnished by Desi_en/Builder under this Agr_ cement shall be deemed to be Desi_an/Builder's employees exclusively, See List of Key Personnel - Project Team, Exhibit D. attached and incorporated herein. Insert O: 1.2.4 The Owner and Desi_mVBuilder a~ee and intend for this Project to be a "turn-key" job with the Desigr~Builder as a sin~e Point of responsibility, The Desi_an/Builder assumes all costs and risks incident to the creation of a complete and fully operational facility_, and shall bear the risk for all loss and damage to the Work until i~s completion and accept~lce. Insert P: 1.2.5 The Desi_mVBuilder shall not rely upon the accuracy and completeness of the schematic design documents prepared by Martin_ Boal. Anthon_v & Johnson ArchiteCts. The Desi_~Builder shall perform its own independent investi~tion verif-yin_~ and confirming_ all information ~et out in such schematic design documents, 1.3 OWNERSHIP AND USE OF DOCUMENTS 1,3.1 Drawings, specifications, and other documents and electronic data furnished by the Design/Builder are insmaments of service. The Design/Builder's Architect and other providers of professional services shall retain all common law, statutory and other reserved rights, including copyright in those instruments of service furnished by them. Drawings, specifications, and other documents and electronic data are furnished for use solely with respect to this Project Pm'~, 2 P~emcrg. The Owner shall be permitted to retain copies, including reproducible copies, of the drawings, specifications, and other documents and electronic data furnished by the DesignfBuilder for information and reference in connection with the Project except as provided in Subparagraphs 1.3.2 and 1.3.3. © AIA DOCUMENT Al91 · OWNI~-DF~IGlq/BUILDER AGREEMENT · SECOND EDITION · AlAS · $1996 THE AMERICAN INSTITUTE OF AI{CH1TF~TS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC 20006-5292 · wARNING: Unlicensed photocopy/ng violates U.S. copyri~lt laws and is subject to legal prosecution.. This documen~ was electronically produced with permission of the AIA and can be reproduced without violation until thc date of expiration as noted below. Electronic Format A191.1996 16