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10.5 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 in any court having jurisdiction <br />thereof. <br /> <br /> ARTICLE 11 <br /> MISCELLANEOUS PROVISIONS <br /> <br />11.1 TJx!egg a+~em'is: prav/de~,tlhis Part 2 Agreement <br />shall be governed by thc law of the place where thc Project is <br />located. <br /> <br />11.2 SUBCONTRACTS <br /> <br />11.2.1 The DesigffBuilder, as soon as practicable after <br />execution of this Part 2 Agreement, shall fumish to the Owner <br />in writing the names of the persons or entities the <br />Design/Builder will engage as contractors for the Project. See <br />List of Subcontractors (Exhibit II3. attached and incorporated <br />herein. <br /> <br />11.3 WORK BY OWNER OR OWNER,S <br /> CONTRACTORS <br /> <br />11.3.1 The Owner reserves the right to perform construction <br />or operations related to the Project with the Owner's own <br />forces, and to award separate contracts in connection with <br />other portions of the Project or other construction or <br />operations on the site under conditions of insurance and <br />waiver of subrogation identical to the provisions of this Part 2 <br />Agreement. If the Design/Builder claims that delay or <br />additional cost is involved because of such action by the <br />Owner, the Design/Builder shall assert such claims as provided <br /> <br />in Subparagraph 11.4. <br /> <br />11.3.2 The Design/Builder shall afford the Owner's separate <br />contractors reasonable opportunity for introduction and <br />storage of their materials and equipment and performance of <br />their activities and shall connect and coordinate the <br />Design/Builder's construction and operations with theirs as <br />required by the Contract Documents. <br />11.3.3 Costs caused by delays or by improperly timed <br />activities or defective construction shall be borne by the party <br />responsible therefor. <br /> <br />Insert AG: 11.3.4 For its own interest and without in <br />any way reducing_ the Desi_ma/Buildefs nil and total <br />responsibili _ty for controlling the installed quality of all <br />materials, products, or equipment, the Owner. without <br />disrupting the pro~ess of the Work, may arrange for testing of <br />various materials, products or equipment in accordance with <br />~nerally accepted standards for the trade involved. If the <br />Owner orders examination and testing_ of materials, products, <br />or equipment incorporated in the Work, such examination and <br />testing shall be paid for as follows: <br />.1 if any materials, products or equipment fail to <br />conform to the requirements of the Contract Documents, the <br />Desi_ma/Builder shall remove and replace the nonconforming <br />materials, products or equipment at no expense to the Owner, <br />and shall reimburse the Owner for the reasonable costs <br />incurred by the Owner in its examination and testing; <br />.2 if examination and testing_ establish that the materials, <br />products or equipment conform to the requirements of the <br />Contract Documents. the Owner shall pay for the costs of <br />examination and testin_~ the costs of any work necessary to <br />repair the tested materials, products or equipment, and any <br />costs necessary to restore any warranties the Desi_mVBuilder <br />may be obligated to give the Owner on the tested materials, <br />products or equipment. <br /> <br />11.4 CLAIMS FOR DAMAGES <br /> <br />11.4.1 If either party to this Part 2 Agreement suffers injury <br />or damage to person or property because of an act or omission <br />of the other patty, of any of the other party's employees or <br />agents, or of others for whose acts such party is legally liable, <br />written notice of suer injury or damage, whether or not <br />insured, shall be given to the other party within a reasonable <br />time not exceeding 21 days after first observance. The notice <br />shall provide sufficient detail to enable the other party to <br />investigate the matter. If a claim of additional cost or time <br />related to this claim is to be asserted, it shall be filed in <br />writing. All Claims must be sup_ported by a complete detailed <br />chronolokD, of all applicable backup data for and agal.nst the <br />Claim. including copies of all applicable Contract Docljments, <br />Submittals. Requests for Information. Bulletin Drawings, <br />correspondence. Construction Change Directives. and all other <br />documents directly related to the Claim. The Owner shall have <br /> <br />W~-499163.4 <br /> <br /> <br />