Orange County NC Website
9 <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 <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 /> 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 $250,000 and the <br /> Architect shall provide the Owner a Certificate of Insurance <br /> issued and endorsed by the insurance carrier certifying that <br /> -5- <br />