Agenda - 10-04-1993 - VIII-B - Laserfiche WebLink

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6 documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to the Project, or for completion of this Project by others, unless the Architect is adjudged in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. The Owner may use the Drawings, Specifications and other documents prepared by the Architect for making repairs, modifications, additions, or renovations of this Project without the knowledge or prior consent of the Architect, provided the Owner agrees to waive any claim against the Architect and defend,and indemnify to the extent permitted by law,and hold the Architect harmless from any claim or liability for injury or loss without participation of the Architect. Article 7, Negotiation and Dispute Resolution, shall read: 7.1: The Owner and Architect agree to endeavor to provide written notification in advance of any litigation, concerning claims, disputes, and other matters in questions between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof. 7.2: The parties agree to endeavor to negotiate in good faith prior to litigation, concerning claims, disputes and other matters in question arising out of or relating to this Agreement or the breach thereof. 7.3: Nothing herein contained shall be construed to require the parties to provide written notification or engage in negotiations prior to the institution of litigation, nor to submit for arbitration by a third party or parties, any such claim, dispute or other matter in questions between the parties, but the parties may by mutual agreement submit any claim., dispute or other matter at issue to arbitration in accordance with the North Carolina Uniform Arbitration Act,GS 1-567.1 et seq.,or such other arbitration procedure as may be mutually agreed upon between the parties. Article 10, paragraph 10.2.1.6: delete. Article 12, paragraph 12.2. add the following paragraph: The Architect shall purchase and maintain in full force and effect a Professional Liability insurance policy issued by a company or companies licensed to business in North Carolina, providing coverage in an amount not less than $1,000,000 and the Architect shall provide the Owner a Certificate of Insurance issued and endorsed by the insurance carrier certifying that the said policy or policies shall not be canceled,modified,allowed to expire,or reduced in coverage until at lease thirty days prior written notice has been given to the Owner by certified mail. Cancellation of the said policy without replacement with a substitute policy preventing a lapse in coverage or a modification or reduction in coverage without the written consent of the Owner shall constitute a breach of this Agreement by the Architect.