Orange County NC Website
13 <br /> injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the <br /> Designer except to the extent same are caused by the negligence or willful misconduct of the Owner. <br /> 9.5 Owner's Insurance Option <br /> 9.5.1 At any time during the performance of this Agreement,the Owner may, at its sole option, provide for itself, for the Designer and <br /> for its Consultants any or all of the insurance coverage required under the Article. <br /> 9.5.2 If the Owner elects to provide such coverage it shall notify the Designer in writing and provide to the Designer such certificate or <br /> certificates of coverage as may be applicable. <br /> 9.5.3 If the Owner elects to provide such coverage it shall be entitled to pro rata reduction in the fees for Basic Services equal to the <br /> cost of providing such coverage to the Designer and its Consultants. <br /> ARTICLE 10 <br /> AMENDMENTS TO THE AGREEMENT <br /> 10.1 Changes in the Designer's Basic Services <br /> 10.1.1 Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be <br /> made by a written Amendment to this Agreement executed by the Owner and the Designer.The Designer shall proceed to perform the <br /> Services required by the Amendment only after receiving a fully executed Amendment from the Owner or a written notice from the <br /> Owner directing the Designer to proceed, whichever is earlier. <br /> 10.2 Owner Changes <br /> 10.2.1 The Owner may, without invalidating this Agreement, make written changes in the Designer's Basic Services or Additional <br /> Services of this Agreement by preparing and executing a Change Order. Within three (3) days of receipt of such a Change Order,the <br /> Designer shall notify the Owner in writing of any change contained therein that the Designer believes significantly increases or decreases <br /> the Designer's services with respect to the Project and request an adjustment in compensation with respect thereto. If the Change Order <br /> significantly increases or decreases the Designer's services, the Designer's compensation may be equitably adjusted. <br /> ARTICLE 11 <br /> TERMINATION AND SUSPENSION <br /> 11.1 Termination for Convenience of the Owner <br /> 11.1.2 This Agreement may be terminated without cause by the Owner and for its convenience upon seven (7) days written notice to <br /> the Designer. <br /> 11.2 Other Termination <br /> 11.2.1 After seven (7) days written notice to the other party of its material breach of the Agreement, this Agreement may be <br /> terminated by the noticing party, provided that the other party has not taken all reasonable actions to remedy the breach. <br /> 11 <br /> Revised 06/21 <br />