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2 . At the end of Subparagraph 4 . 2 . 3 insert the following : "Nothing in this <br /> Paragraph , however, affects the obligation of the Architect to review the progress <br /> of the Work with sufficient frequency and detail to fulfill the obligations set out <br /> in Subparagraph 4 . 2 . 2 above and to form a professional opinion as to the amount <br /> of progress and the quality of the Work to justify the certification of the <br /> Contractor 's Applications for Payment pursuant to Subparagraph 4 . 2 . 5 . " <br /> 3 . Delete the first sentence of Subparagraph 4 . 2 . 4 and insert in its stead the <br /> following : "The Owner's Representative may communicate with the Contractor <br /> either through the Architect or directly; when such communications are made <br /> directly, the Owner's Representative and Contractor will endeavor to advise the <br /> Architect of the substance of such discussions . " <br /> 4 . Insert at the end of Subparagraph 4 . 2 . 6 the following : "The Architect will <br /> provide the Owner with written documentation of all rejections and directions <br /> taken by the Architect under this Subparagraph . <br /> 5 . Insert at the end of Subparagraph 4 . 2 . 9 the following : "At the completion of the <br /> project, all required copies of operating manuals , warranties , instructions , <br /> "Record Drawings " , etc . , shall be forwarded to the Architect, who in turn will <br /> transmit them to the Owner. Final payment to the Contractor will not be made <br /> until this is done . " <br /> 6 . Delete Subparagraph 4 . 2 . 13 and substitute in its stead the following new <br /> Subparagraph 4 . 2 . 13 : <br /> 4 . 2 . 13 The Architect's decision on all claims , disputes , or other matters in <br /> question between the Owner and Contractor, whether relating to aesthetic effect <br /> or not, shall be final and binding, unless challenged in court as set out below . If <br /> any party does not accept an Architect's final decision, its sole recourse shall be <br /> to , within 180 days of the last work performed by the Contractor under this <br /> Contract, file suit in the closest jurisdiction to Wake County, North Carolina or in <br /> the United States District Court, and the parties to this Contract consent to <br /> exclusive jurisdiction and venue in said Courts . As a condition precedent to the <br /> institution of such an action, the excepting party must serve a written notice of <br /> exception and claim upon the other parry and upon the Architect within 60 days <br /> of the date of the Architect' s final decision . Said notice shall include the amount <br /> of any damages claimed and the basis of the exception and claim . <br /> B . Paragraph 4 . 3 " CLAIMS AND DISPUTES " <br /> In Subparagraph 4 . 3 . 4 delete the word " initial " in the last sentence . <br /> C . Paragraph 4 . 4 "RESOLUTION OF CLAIMS AND DISPUTES " <br /> 1 . In Subparagraph 4 . 4 . 1 delete the word " initially" in the first sentence . Additionally, <br /> delete the words " initial " and "mediation, arbitration or" in the second sentence . <br /> 2 . In Subparagraph 4 . 4 . 5 delete the words "but subject to mediation and arbitration" in the <br /> last sentence and substitute in lieu thereof the words " subject only to appeal in <br /> accordance with Subparagraph 4 . 2 . 13 " . <br /> 3 . Delete Subparagraph 4 . 4 . 6 in its entirety. <br /> SGC = 8 <br />