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51 <br /> facilitate the assignment, subject however, to the mutual agreement of the parties and, provided <br /> further,that such consent shall not enlarge, abridge or otherwise modify the CMAR's rights under <br /> the Contract Documents. <br /> 51.DISPUTE RESOLUTION <br /> 51.1. In the event that a dispute of any nature cannot be resolved by the Project Team pursuant to the <br /> terms and conditions herein, the parties shall endeavor to resolve the dispute pursuant to the <br /> Dispute Resolution Rules and Procedures as shown in Appendix B attached hereto. Mediation in <br /> accordance with those rules and procedures shall be a condition precedent that must occur before <br /> any party may bring a civil action against the Owner,Project Designer,or CMAR. <br /> 51.2 Should a dispute arise that cannot be finally settled through the claims and dispute resolution <br /> procedures in this Contract, the CMAR agrees that any civil action related to the Project in which <br /> the Owner is or may be a party shall be brought only in the General Court of Justice of North <br /> Carolina,Superior Court Division,seated in Orange County,North Carolina. Any such action shall <br /> be tried by a judge without a jury. <br /> 52.CONTRACTOR EVALUATION <br /> 52.1. The CMAR's overall Work performance on the Project shall be fairly evaluated for determining <br /> qualifications to bid on future Orange County capital improvement projects. In addition to final <br /> evaluation, interim evaluation may be prepared during the progress of the Project. The Owner may <br /> request the CMAR's comments to evaluate the Project Designer. <br /> 53. NOTICES <br /> 53.1 Whenever any provision of the Contract Documents requires the giving of notice or written notice <br /> such notice shall be delivered in writing. It shall be deemed to have been validly given if <br /> delivered in person to,and signed for by,the individual or to a member of the firm or to an officer <br /> of the corporation or organization for whom it is intended or if delivered or sent by registered or <br /> certified mail,postage prepaid,addressed as follows: <br /> If to Owner: If to CMAR: <br /> 54. Mutual Waiver of Consequential Damages <br /> 54.1. The CMAR and Owner waive Claims against each other for consequential damages arising out of <br /> or relating to this Contract.This mutual waiver includes: <br /> 1. Damages incurred by the Owner for rental expenses,for losses of use,income,profit, <br /> financing,business and reputation,and for loss of management or employee productivity <br /> or of the services of such persons;and <br /> 2. Damages incurred by the CMAR for principal office expenses including the compensation <br /> of personnel stationed there,for losses of financing,business and reputation,and for loss of <br /> profit,except anticipated profit arising directly from the Work.Notwithstanding the <br /> Page 48 of 52 <br /> Revised 12/24,4/25 <br />