2018-093-E AMS - Century Slate Company Replace roof at SDC

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DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 of progress and the quality of the Work to justify the certification of the Contractor's Applications for Payment pursuant to Subparagraph 4.2.5." Delete the first sentence of Subparagraph 4.2.4 and insert in its stead the following: "The Owner's Representative may communicate with the Contractor either through the Architect or directly; when such communications are made directly, the Owner's Representative and Contractor will endeavor to advise the Architect of the substance of such discussions." 4. Insert at the end of Subparagraph 4.2.6 the following: "The Architect will provide the Owner with written documentation of all rejections and directions taken by the Architect under this Subparagraph. 5. Insert at the end of Subparagraph 4.2.9 the following: "At the completion of the project, all required copies of operating manuals, warranties, instructions, "Record Drawings ", etc., shall be forwarded to the Architect, who in turn will transmit them to the Owner. Final payment to the Contractor will not be made until this is done." 6. Delete Subparagraph 4.2.13 and substitute in its stead the following new Subparagraph 4.2.13: 4.2.13 The Architect's decision on all claims, disputes, or other matters in question between the Owner and Contractor, whether relating to aesthetic effect or not, shall be final and binding, unless challenged in court as set out below. If any party does not accept an Architect's final decision, its sole recourse shall be to, within 180 days of the last work performed by the Contractor under this Contract, file suit in the closest jurisdiction to Cary, North Carolina or in the United States District Court, and the parties to this Contract consent to exclusive jurisdiction and venue in said Courts. As a condition precedent to the institution of such an action, the excepting party must serve a written notice of exception and claim upon the other party and upon the Architect within 60 days of the date of the Architect's final decision. Said notice shall include the amount of any damages claimed and the basis of the exception and claim. B. Paragraph 4.3 "CLAIMS AND DISPUTES" In Subparagraph 4.3.4 delete the word "initial" in the last sentence. C. Paragraph 4.4 "RESOLUTION OF CLAIMS AND DISPUTES" In Subparagraph 4.4.1 delete the word "initially" in the first sentence. Additionally, delete the words "initial" and "mediation, arbitration or" in the second sentence. 2. In Subparagraph 4.4.5 delete the words "but subject to mediation and arbitration" in the last sentence and substitute in lieu thereof the words "subject only to appeal in accordance with Subparagraph 4.2.13 ". 3. Delete Subparagraph 4.4.6 in its entirety. 4. In Subparagraph 4.4.8 delete the words "by mediation or by arbitration" in the first sentence. SGC -8