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only by written directives, change orders and other instruments <br />signed by the Owner and the CM as expressly set forth in the <br />Agreement. Nothing contained in this Agreement is intended to <br />benefit any third party. The Contractors and Designer are not <br />intended third party beneficiaries of this Agreement. <br />11.6 Severability <br />If any provision of this Agreement is held as a matter of law. to <br />be unenforceable, the remainder of this Agreement shall be <br />enforceable without such provision. <br />11.7 Meaning of Terms <br />References made in the singular shall include the plural and <br />the masculine shall include the feminine or neuter. To the <br />greatest extent possible, the meaning of terms used herein <br />shall be consistent with the definitions expressed in the <br />Contract Documents, Designer agreement, and the Contractor <br />contracts. <br />11.8 Notices <br />Whenever any provision of the Contract Documents requires <br />the giving of written notice, it shall be deemed to have been <br />validly given if delivered in person to the individual or to a <br />member of the firm or to an officer of the corporation for whom <br />it is intended or if delivered or sent by registered or certified <br />mail, postage prepaid, addressed as follows: <br />To the Owner: <br />Orange County, North Carolina <br />Attn: Pam Jones, Director of Purchasing and Central Services <br />Post Office Box 8181 <br />Hillsborough, North Carolina 27278 <br />with a copy to: <br />Geoffrey E. Gledhill <br />Coleman, Gledhill, Hargrave & Peek, P.C. <br />129 E. Tryon Street <br />P. O. Drawer 1529 <br />Hillsborough, NC 27278 <br />To the CM: <br />Telesis Construction Management, LLC <br />Attn: George A. Horton, III, Member/Manager <br />1000 Corporate Drive, Suite 109 <br />Hillsborough, North Carolina 27278 <br />William D. Bernard <br />Brown & Bunch, PLLC <br />101 N. Columbia Street <br />Chapel Hill, NC 27514 <br />11.9 Bonds <br />In accordance with N.C. Gen. Stat. §143-128.1, the CM shall <br />provide a performance bond with a penal sum equal to 100% of <br />the Guaranteed Maximum Price to guarantee the faithful <br />performance of the Work, in such form as may be required by <br />law and approved by the Owner. <br />In accordance with N.C. Gen. Stat. §143-128.1, the CM shall <br />provide a payment bond with a penal sum equal to 100% of the <br />Guaranteed Maximum Price to guarantee the payment of all <br />labor and material costs or claims in connection with <br />compliance with the Contract, in such form as may be required <br />by law and approved by the Owner. <br />These bonds shall be dated the same date as the Agreement <br />and must be accompanied by a current copy of the power of <br />attorney for the attorney-in-fact executing such bond on behalf <br />of a surety company licensed to do business in the state of <br />North Carolina and reasonably acceptable to the Owner. <br />In its Guaranteed Maximum Price, the CM shall include a <br />program and costs for bonds or other security against default <br />by Contractors as the CM deems appropriate to protect the CM <br />and the Owner against such defaults. <br />11.10 Ownership of Documents <br />The CM shall be entitled to maintain possession of a <br />reasonable number of sets of Contract Documents and record <br />documents during and after the completion of the Project for its <br />records. The CM shall not reproduce or distribute such <br />documents to any third person or for any purpose other than <br />bidding, permitting and construction of the Project, or enforcing <br />its rights under this Agreement. The CM shall have no <br />copyright or other rights in the documents, or other rights to <br />use the documents. <br />ARTICLE 12 <br />SPECIAL GUARANTEED MAXIMUM PRICE PROVISIONS <br />with a copy to: 12.1 Guaranteed Maximum Price <br />27 <br />