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CM or any Contractor, unless there is a concurrent delay or <br />suspension by the Owner, it being understood that the CM <br />bears the risk of delays caused by its Contractors. <br />ARTICLE 10 <br />DISPUTE RESOLUTION <br />The laws of the State of North Carolina shall apply to the <br />interpretation and enforcement of this Agreement. Any and all <br />suits or actions to enforce, interpret, or seek damages with <br />respect to any provision of, or the performance or <br />nonperformance of, this Agreement shall be brought in the <br />General Court of Justice of North Carolina sitting in Orange <br />County, North Carolina, and it is agreed by the parties that no <br />other court shall have jurisdiction or venue with respect to such <br />suits or actions. Appendix A to this Agreement shall be a part <br />of the Contract Documents. Prior to initiating an action under <br />this Paragraph, any party to this Agreement shall initiate the <br />mediation process as provided in Appendix A to this <br />Agreement. Any person or firm that expressly or impliedly <br />agrees to perform labor or services or to provide material, <br />supplies, equipment, work, performance or payment bonds, <br />insurance or indemnification for the construction of the Project <br />or the Work shall be deemed a party to this Agreement solely <br />for the purpose of this Article 10. The CM, by means of its. <br />contracts, shall specifically require its Contractors to be bound <br />by this Article. <br />ARTICLE 11 <br />ADDITIONAL PROVISIONS <br />11.1 Confidentiality <br />The CM will keep confidential and not disclose to any third <br />party all information designated and marked by the Owner as <br />"Confidential" unless required to disclose the information by <br />law. Furthermore, the CM shall not disclose publicly <br />information concerning the Project, except for communications <br />incident to completion of the Project between the CM, <br />Designer, and Contractor, and their independent professional <br />engineers, architects and other consultants and <br />subcontractors, and except for information publicity approved <br />by the Owner and communications in connection with filings <br />with governmental bodies having jurisdiction over the design or <br />construction of the Project. <br />11.2 Signs <br />The CM shall be permitted to erect one sign to identify the CM <br />and other Project participants. The identification sign shall be <br />of sound construction, shall be neatly lettered, and shall be <br />subject to approval by the Owner. The Contractor may only <br />erect other identification signs if approved by the Owner. In <br />addition to the identification sign, directional signs may be <br />erected on the property to facilitate deliveries and the <br />movement of personnel and materials about the site. Any <br />directional signs shall be subject to approval of the Owner with <br />respect to size, style and location of such directional signs, <br />which approval shall not be unreasonably withheld. Such signs <br />may bear the name of the CM and a directional symbol. All <br />signs must comply with Town of Hillsborough sign, appearance <br />and traffic ordinances. No other signs will be permitted except <br />by permission of the Owner. <br />11.3 Limitation and Assionment <br />The Owner and the CM each bind itself, its successors, <br />assigns, insurers, and legal representatives to the terms of this <br />Agreement: Neither the Owner nor the GM shall assign or <br />transfer its rights or interest in this Agreement without the <br />written consent of the other, except that the CM may assign <br />accounts receivable to a commercial bank for securing loans <br />without approval of the Owner. However, nothing contained in <br />this paragraph will prevent the CM from employing Contractors <br />or such consultants, associates or subcontractors as the CM <br />may deem appropriate to assist in performance of the services <br />and of the Work hereunder in accordance with this Agreement. <br />11.4 Minority Business Enterprise Program <br />The CM shall at all times comply with the edition of the Orange <br />County Minority Business Enterprise Policy in effect at the <br />effective date of this Agreement. All documentation <br />substantiating compliance with the requirements of this <br />program shall be delivered to the Owner as stipulated in the <br />Contract Documents. A copy of the Orange County Minority <br />Business Enterprise Policy is attached to this Agreement as <br />Appendix C, and shall be included in the bid documents <br />submitted to potential Contractors for bids. <br />11.5 Extent of Agreement <br />This Agreement and all other agreements or instruments <br />expressly referenced herein represent the entire and integrated <br />agreement between the Owner and the CM and supercedes all <br />prior negotiations, representations or agreements, either <br />written or oral. This Agreement may be modified or amended <br />26 <br />