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1994 S Purchasing - Agreement between Orange County and Hakan/Corley & Associates, Inc. for renovation of Sheriff's offices
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1994 S Purchasing - Agreement between Orange County and Hakan/Corley & Associates, Inc. for renovation of Sheriff's offices
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Last modified
3/3/2016 12:13:35 PM
Creation date
3/3/2016 12:13:26 PM
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BOCC
Date
8/23/1994
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
VIII-G
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Article 6 , paragraph 6 .1 shall read: The Drawings, <br /> Specifications, and other documents prepared by the Architect for <br /> this Project are instruments of the Architect's service for use <br /> solely with respect to this Project, and, unless otherwise <br /> provided, the Architect shall be deemed the author of these <br /> documents and shall retain all common law, statutory, and other <br /> reserved rights, including the copyright. The Owner shall <br /> be permitted to retain copies, including reproducible copies, of <br /> the Architect's Drawings, Specifications, and other documents for <br /> information and reference in connection with the Owner's use and <br /> occupancy of the Project. The Architect's Drawings, <br /> Specifications or other documents shall not be used by the Owner <br /> or others on other projects, for additions to this Project, or <br /> for completion of this Project by others, unless the Architect is <br /> adjudged in default under this Agreement, except by agreement <br /> in writing and with appropriate compensation to the Architect. <br /> The Owner may use the Drawings, Specifications and other <br /> documents prepared by the Architect for making repairs, modifica- <br /> tions, additions, or renovations of this Project without the <br /> knowlege or prior consent of the Architect, provided the Owner <br /> agrees to waive any claim against the Architect and defend, and <br /> indemnify to the extent permitted by law, and hold the Architect <br /> harmless from any claim or liability for injury or loss <br /> alledgedly arising from each use of said documents by Owner <br /> without participation of the Architect. <br /> Article 7, Negotiation and Dispute Resolution, shall read: <br /> 7 .1 : The Owner and Architect agree to endeavor to provide t, <br /> written notification in advance of any litigation, concerning <br /> claims, disputes, and other matters in question between the <br /> parties to this Agreement arising out of or relating to this <br /> Agreement or the breach thereof. <br /> 7 .2: The parties agree to endeavor to negotiate in good faith <br /> prior to litigation, concerning claims, disputes and other <br /> matters in question arising out of or relating to this Agreement <br /> or the breach thereof. <br /> 7 . 3 : Nothing herein contained shall be construed to require <br /> the parties to provide written notification or engage in <br /> negotiations prior to the institution of litigation, nor to <br /> submit for arbitration by a third party or parties, any such <br /> claim, dispute or other matter in question between the parties, <br /> but the parties may by mutual agreement submit any claim, dispute <br /> or other matter at issue to arbitration in accordance with the <br /> North Carolina Uniform Arbitration Act, GS 1-567 .1 , et seq. , or <br /> such other arbitration procedure as may be mutually agreed upon <br /> between the parties. <br /> -4- <br />
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