Agenda - 06-04-1990 - Laserfiche WebLink

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reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications, and other 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 this 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, modifica- tions, additions, or renovations of this Project without the knowlege 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 alledgedly arising from each use of said documents by Owner 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 question 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 thirq party or parties, any such claim, dispute or other matter in question 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 shall read: Reimbursable expenses are in addition to compensation for basic and additional services. *Reimbursable expenses include actual expenses incurred by the Architect and Architect's employees and consultants in the interest of the project. Architect is to be reimbursed for actual cost of reproduction, postage and handling of drawings, specifications and other documents for the office use of the Architect, the Architect's consultants, the Owner, and Contractor. * Delete "...and they must be approved in: advance and in writing by the owner." -6-