OTHER-2025-025-CMAR Contact - Laserfiche WebLink

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