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DocuSign Envelope ID:A9CF8A9E-4CDB-4BB9-A678-D4AD80CD1393 <br /> C. Paragraph 11.5 "PERFORMANCE BOND AND PAYMENT BOND" <br /> Delete Subparagraph 11.5.1 in its entirety and substitute in its stead the following new <br /> Subparagraph 11.5.1: <br /> 11.5.1 If required, the Contractor, at the Owner's expense, shall furnish a perfol mance <br /> bond and payment bond with a surety licensed to conduct business in the state where the <br /> project is located and whose limits of insurability measured by the current United States <br /> Treasury Department listing of treasury limits are at least equal to the amount of the <br /> Contract, guaranteeing the completion of the Work and performance of the Contract and <br /> the payment for all labor and materials incorporated in the Work. The amount of <br /> coverage for said bonds shall be 100 percent of the Contract Sum. <br /> XI. MODIFICATIONS OF ARTICLE 12 -UNCOVERING AND CORRECTION OF WORK <br /> A. Paragraph 12.2 "CORRECTION OF WORK" <br /> 1. In Clause 12.2.2.1 delete the last clause of the first sentence, beginning with "the <br /> Contractor shall correct ..." and insert in its stead the new clause as follows: "the <br /> Owner shall advise the Contractor in writing of such findings and,unless Owner <br /> has previously specifically accepted such condition, in the Owner's sole <br /> discretion, the Owner may either require Contractor to promptly correct such <br /> deficiency, or engage other entities to correct the conditions, with Contractor to <br /> bear all costs of correction in either case." <br /> XII. MODIFICATIONS OF ARTICLE 13 -MISCELLANEOUS PROVISIONS <br /> A. Paragraph 13.1 "GOVERNING LAW" <br /> 1. Delete Subparagraph 13.1.1 in its entirety and insert in its stead the following <br /> new Subparagraph 13.1.1: <br /> The Contract, and all matters or disputes relating thereto involving the Owner, <br /> shall be governed by the law of the State of North Carolina. <br /> 2. Add new Subparagraph 13.1.2: <br /> 13.1.2 Claims, disputes or other matters in question between the parties to this <br /> Agreement arising out of or relating to this Agreement or breach thereof, shall be <br /> adjudicated only in the state or federal courts of North Carolina, and all parties <br /> consent to the exclusive jurisdiction of the state and federal courts of North <br /> Carolina, or the U. S.District Court. <br /> B. Paragraph 13.5 "TESTS AND INSPECTIONS" <br /> 1. Add new Clause 13.5.1.1 as follows: <br /> 13.5.1.1 The Contractor shall employ an independent laboratory to conduct all <br /> testing except soil compaction, structural steel testing, and all concrete testing. <br /> The Owner shall provide an independent laboratory to conduct testing for these <br /> items. The laboratory employed by the General Contractor for all other testing <br /> shall be subject to the Architect's approval. <br /> SGC - 17 <br />