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1.3.2 To the maximum extent allowable under North
<br />Carolina architect e _ngineer and desi_m,./build licensing_ law.
<br />Drawings, specifications, and other documents and electronic
<br />data furnished by the Design/Builder may :,hall not be used by
<br />the Owner er ~' ....... ~' ..... ; .... for additions to this
<br />Project or for completion of this Project by others, except by
<br />ar~ee,,'nent i.-: writ:.,~ and with appropriate compensation to the
<br />Design/Builder, unless the Design/Builder is ~ju~ged found
<br />to be in default under this Part 2 Agreement er v.,~er ~,y c*~er
<br />
<br />1.3.3 lithe Design/Builder defaults in the Design/
<br />Builder's obligations to the Owner, to the maximum extent
<br />allowable under North Carolina architect, engineer and
<br />desi_m~ouild licensing_ law. the Architect shall grant a license
<br />to the Owner to use the drawings, specifications, and other
<br />documents and electronic data furnished by the Architect to
<br />the Design/Builder for the completion of the Project,
<br />conditioned upon the Owner's execution of an agreement to
<br />cure the Design/Builder's default ha payment to the Architect
<br />for services previously performed and to indemmfy the
<br />Architect with regard to claims arising t~om such reuse without
<br />the Architect's professional involvement.
<br />
<br />1.3.4 Submission or distribution of the Design/Builder's
<br />documents to meet official regulatory requirements or for
<br />similar purposes in connection with the Project is not to be
<br />construed as publication in derogation of the rights reserved in
<br />Subparagraph 1.3.1.
<br />
<br />ARTICLE 2
<br />OWNER
<br />
<br />2.1 The Owner shall designate a representative authorized
<br />to act on the Owner's behalf with respect to the Project. The
<br />Owner or such authorized representative shall examine
<br />documents submitted by the Design/Builder and shall render
<br />decisions in a timely manner and in accordance with the
<br />schedule accepted by the Owner. The Owner may obtain
<br />independent review of the Contract Documents by a separate
<br />architect, engineer, contractor, or cost estimator under contract
<br />to or employed by the Owner. Such independent review shall
<br />be undertaken at the Owner's expense in a timely manner and
<br />shall not delay the orderly progress of the Work.
<br />
<br />2.2 The Owner may appoint an on-site project
<br />representative to observe the Work and to have such other
<br />responsibilities as the Owner and Design/Builder agree in
<br />whting.
<br />
<br />2.3 The Owner shall cooperate with the Design/Builder in
<br />securing building and other permits, licenses and inspections.
<br />The O:~.mer Desi_ma/Builder shall ~ pay the
<br />
<br />fees for such permits, licenses and inspections "~Ce= ~he cost
<br />
<br />2.4 The Owner shall fumish services of land surveyors,
<br />geotechnical engineers, and other consultants for subsoil, air
<br />and water conditions, in addition to those provided under the
<br />Part 1 Agreement, when such services are deemed necessary by
<br />the Design/Builder to properly carry out the design services
<br />required by this Part 2 Agreement.
<br />
<br />2.5 The Owner shall disclose, to thc extent known to the
<br />Owner, the results and reports of prior tests, inspections or
<br />investigations conducted for the Project involving: structural or
<br />mechanical systems; chemical, air and water pollution;
<br />hazardous materials; or other environmental and subsurface
<br />conditions. The Owner shall disclose all information known to
<br />the Owner regarding the presence of pollutants at the Project's
<br />site.
<br />
<br />2.6 The Owner shall furnish all legal, accounting and
<br />insurance counseling services as may be necessary at any time
<br />for the Project, including such auditing services as-the owner
<br />may require to verify the Design/Builder's Applications for
<br />Payment.
<br />
<br />2.7 Those services, information, surveys and reports ·
<br />required by Paragraphs 2.4 through 2.6 which are within the
<br />Owner's control shall be furnished at the Owner's expense,
<br />and the Design/Builder shall be entitled to reasonably rely
<br />upon the accuracy and completeness thereof, except to the
<br />extent the Owner advises the Design/Builder to the contrary in
<br />wining.
<br />
<br />2.8 If the Owner requires the Design/Builder to maintain
<br />any special insurance coverage, policy, amendment, or rider,
<br />the Owner shall pay the additional cost thereof, except as
<br />othemdse stipulated in this Part 2 Agreement.
<br />
<br />2.9 ~ the Owner observes or otherwise becomes aware of
<br />a fault or defect in the Work or nonconformity with the
<br />Design/Builder's Proposal or the Construction Documents, the
<br />Owner shall endeavor to give prompt :;~cn notice thereof to
<br />the Design/Builder: provide& however, that a failure of the
<br />Owner to ~ve.such notice shall not affect the duties and
<br />responsibilities of the Desi_ma/Builder under this Agreement
<br />
<br />2.10 The Owner shall, at the request of the Design/
<br />Builder, prior to execution of this Part 2 Agreement and
<br />promptly upon request thereafter, famish to the
<br />Design/Builder reasonable evidence that financial
<br />arrangements have been made to fulfill the Owner's obligations
<br />under the Contract.
<br />
<br />W,~tO9165.4
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