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DocuSign Envelope ID:A9CF8A9E-4CDB-4BB9-A678-D4AD80CD1393 <br /> in Subparagraph 4,2,2 above and to form a professional opinion as to the amount <br /> of progress and the quality of the Work to justify the certification of the <br /> Contractor's Applications for Payment pursuant to Subparagraph 4.2.5." <br /> 3. Delete the first sentence of Subparagraph 4.2.4 and insert in its stead the <br /> following: "The Owner's Representative may communicate with the Contractor <br /> either through the Architect or directly; when such communications are made <br /> directly, the Owner's Representative and Contractor will endeavor to advise the <br /> Architect of the substance of such discussions." <br /> 4. Insert at the end of Subparagraph 4.2.6 the following: "The Architect will <br /> provide the Owner with written documentation of all rejections and directions <br /> taken by the Architect under this Subparagraph. <br /> 5. Insert at the end of Subparagraph 4.2.9 the following: "At the completion of the <br /> project, all required copies of operating manuals, warranties, instructions, <br /> "Record Drawings", etc., shall be forwarded to the Architect, who in turn will <br /> transmit them to the Owner. Final payment to the Contractor will not be made <br /> until this is done." <br /> 6. Delete Subparagraph 4.2.13 and substitute in its stead the following new <br /> Subparagraph 4.2.13: <br /> 4.2.13 The Architect's decision on all claims, disputes, or other matters in <br /> question between the Owner and Contractor, whether relating to aesthetic effect <br /> or not, shall be final and binding, unless challenged in court as set out below. If <br /> any party does not accept an Architect's final decision, its sole recourse shall be <br /> to, within 180 days of the last work performed by the Contractor under this <br /> Contract, file suit in the closest jurisdiction to Rockbridge County, Virginia or in <br /> the United States District Court, and the parties to this Contract consent to <br /> exclusive jurisdiction and venue in said Courts. As a condition precedent to the <br /> institution of such an action, the excepting party must serve a written notice of <br /> exception and claim upon the other party and upon the Architect within 60 days <br /> of the date of the Architect's final decision. Said notice shall include the amount <br /> of any damages claimed and the basis of the exception and claim. <br /> B. Paragraph 4.3 "CLAIMS AND DISPUTES" <br /> In Subparagraph 4.3.4 delete the word "initial" in the last sentence. <br /> C. Paragraph 4.4 "RESOLUTION OF CLAIMS AND DISPUTES" <br /> 1. In Subparagraph 4.4.1 delete the word "initially" in the first sentence. Additionally, <br /> delete the words"initial"and"mediation, arbitration or"in the second sentence. <br /> 2. In Subparagraph 4.4.5 delete the words "but subject to mediation and arbitration" in the <br /> last sentence and substitute in lieu thereof the words "subject only to appeal in <br /> accordance with Subparagraph 4.2.13". <br /> 3. Delete Subparagraph 4.4.6 in its entirety. <br /> 4. In Subparagraph 4.4.8 delete the words "by mediation or by arbitration" in the first <br /> sentence. <br /> z <br /> i <br /> SGC - 8 <br />