Agenda - 03-02-2006-8bCC - Laserfiche WebLink

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3.1. Construction; Changes. (a) The County will comply with the provisions of the North Carolina General Statutes and enter into the Construction Contracts, or in the altenlative the County may provide for the School Board to enter into some or all of the Construction Contracts. The County ti~Till J cause the construction of the Pledged Facility to be carried on continuously in accordance with the Plans and Specifications and all applicable State and local laws and regulations. The County will provide for the Pledged Facility to be constructed on the Pledged Site and will insure (i} that no portion of the Pledged Facility encroaches upon nor overhangs any easement or right-of-~~ray and (ii} that the Pledged Facility, u~•hen erected, uTill be wholly uJithin any applicable building restriction lines, however established, and will not violate applicable use or other restrictions contained in prior conveyances or applicable protective covenants or restrictions. The County will provide for all utility lines, septic systems and streets ser<Ting the Pledged Site to be completed in accordance with health department standards and other applicable regulations of any governmental agency having jurisdiction. (b) The County may approve changes to the Plans and Specifications and the Construction Contracts in its discretion except that the County may not, without the Company's consent, approve any changes which (i} increase total estimated Project Costs above the amounts previously identified and designated therefor, or {ii) result in the use of the Pledged Facility for purposes substantially different from those initially proposed. 3.2. Right of Entr`~ and Inspection. The Company and its representatives and agents will have the right to enter upon the Pledged Site and inspect the Pledged Facility from time to time during construction and at any other time during the Contract term, and the County will cause any contractor or subcontractor to cooperate with any such parties and agents during such inspections. No right of inspection or approval granted in tlus Section ~~~ill be deemed to impose upon any party any duty or obligation whatsoever to undertake any inspection or to make any approval. No inspection made or approval given by any party v~Till be deemed to impose upon any party any duty or obligation whatsoever to identify or correct any defects in the Pledged Facility or to notify an}~~ person with respect thereto, and no liabilityT will be imposed upon any party and no warranties (either express or implied) are made by as to the quality or fitness of any improvement, any such inspection and approval being made solely for the Compan}r's benefit. 93361v2 5