Orange County NC Website
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 <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, cpncerning 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 /> Article 10 , paragraph 10 . 2 . 1 . 6 : delete. <br /> Article 12 , paragraph 12 . 2, add the following paragraph: <br /> The Architect shall purchase and maintain in full force and <br /> effect a Professional Libability insurance policy issued by a <br /> company or companies licensed to do business in North Carolina, <br /> providing coverage in an amount not less than .-5v7000 and the <br /> Architect shall provide the Owner a Certificate ofInsurance 1;7 ,7 <br /> issued and endorsed by the insurance carrier certifying that / <br /> -5- U" ` <br />