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DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 <br />C. Paragraph 11.5 "PERFORMANCE BOND AND PAYMENT BOND" <br />Delete Subparagraph 11.5.1 in its entirety and substitute in its stead the following new <br />Subparagraph 11.5.1: <br />11.5.1 If required, the Contractor, at the Owner's expense, shall furnish a performance <br />bond and payment bond with a surety licensed to conduct business in the state where the <br />project is located and whose limits of insurability measured by the current United States <br />Treasury Department listing of treasury limits are at least equal to the amount of the <br />Contract, guaranteeing the completion of the Work and performance of the Contract and <br />the payment for all labor and materials incorporated in the Work. The amount of <br />coverage for said bonds shall be 100 percent of the Contract Sum. <br />XI. MODIFICATIONS OF ARTICLE 12 - UNCOVERING AND CORRECTION OF WORK <br />A. Paragraph 12.2 "CORRECTION OF WORK" <br />In Clause 12.2.2.1 delete the last clause of the first sentence, beginning with "the <br />Contractor shall correct ..." and insert in its stead the new clause as follows: "the <br />Owner shall advise the Contractor in writing of such findings and, unless Owner <br />has previously specifically accepted such condition, in the Owner's sole <br />discretion, the Owner may either require Contractor to promptly correct such <br />deficiency, or engage other entities to correct the conditions, with Contractor to <br />bear all costs of correction in either case." <br />XII. MODIFICATIONS OF ARTICLE 13 - MISCELLANEOUS PROVISIONS <br />A. Paragraph 13.1 "GOVERNING LAW" <br />Delete Subparagraph 13.1.1 in its entirety and insert in its stead the following <br />new Subparagraph 13.1.1: <br />The Contract, and all matters or disputes relating thereto involving the Owner, <br />shall be governed by the law of the State of North Carolina. <br />2. Add new Subparagraph 13.1.2: <br />13.1.2 Claims, disputes or other matters in question between the parties to this <br />Agreement arising out of or relating to this Agreement or breach thereof, shall be <br />adjudicated only in the state or federal courts of North Carolina, and all parties <br />consent to the exclusive jurisdiction of the state and federal courts of North <br />Carolina, or the U. S. District Court. <br />B. Paragraph 13.5 "TESTS AND INSPECTIONS" <br />Add new Clause 13.5.1.1 as follows: <br />13.5.1.1 The Contractor shall employ an independent laboratory to conduct all <br />testing except soil compaction, structural steel testing, and all concrete testing. <br />The Owner shall provide an independent laboratory to conduct testing for these <br />items. The laboratory employed by the General Contractor for all other testing <br />shall be subject to the Architect's approval. <br />SGC - 17 <br />