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Page | 47 <br />Revised 12/24 <br /> <br />CMAR or the CMAR’s Subcontractors; provided that nothing herein shall require the CMAR or its <br />Subcontractors to indemnify the Owner or the Project Designer against negligent acts of the Owner <br />or Project Designer. Such obligation shall not be construed to negate, abridge or oth erwise reduce <br />any other right or obligation of indemnity which would otherwise exist as to any party or person <br />described in this Contract. Such obligation shall not be affected or limited by the immunity granted <br />under any worker’s compensation plan. <br /> <br />48.2 The CMAR shall cause each contractor and Subcontractor to indemnify and hold harmless the <br />Owner, CMAR, and Designer from and against any and all claims, demands, suits, damages, <br />including consequential damages and damages resulting from personal injury or property damage, <br />costs, expenses, and fees that are asserted against the Owner, CMAR and the Designer and that <br />arise out of or result from negligent acts or omissions or the breach of the Contract by the CMAR, <br />its employees, agents, contractors, Subcontractors, and representatives in performing the Work. <br /> <br />48.3 The Owner shall cause the Designer to indemnify and hold harmless the Owner, its officers, <br />employees, agents, and representatives to the same extent and in the same manner that the CMAR <br />has provided indemnification for the Owner. <br /> <br />48.4 The CMAR acknowledges liens may not be filed against governmental property and that such liens <br />are not authorized by law. In the event any agent, materials or services provider, contractor, or <br />Subcontractor of CMAR files or attempts to file any notice of lien, claim of lien, or lien against <br />Owner’s property CMAR shall take immediate affirmative steps to remove and/or terminate any <br />such claim of lien, lien, or lien action. Immediate affirmative steps means the CMAR, at CMAR’s <br />sole expense, shall without delay take whatever action is necessary, including without limitation <br />litigation, to remove and/or terminate such claim of lien, lien, or lien action from Owner’s property. <br />If Owner determines CMAR is not proceeding as required by this section to remove and/or <br />terminate any claim of lien, lien, or lien action Owner may take any action necessary to remove <br />and/or terminate such claim of lien, lien, or lien action and all costs or expense related to such <br />action by Owner shall be borne by CMAR. <br /> <br />49. PERFORMANCE BOND AND PAYMENT BOND <br /> <br />49.1. Within fifteen (15) days of the establishment of each GMP, the CMAR shall provide a performance <br />bond and payment bond, each in the amount of the GMP plus the Ow ner’s allowance. The amount <br />of the performance and payment bonds may be adjusted if the guaranteed maximum price is <br />reduced after the bids are received. Each time a new GMP is established and approved by the <br />Owner, the CMAR shall increase the amount of the performance and payment bonds to the amount <br />of the cumulative GMP, including Owner’s allowances, so that at all times a single performance <br />bond and a single payment bond shall be in effect for the entire Project under contract at that time. <br /> <br />49.2. The performance bond and payment bond shall be executed by a surety company authorized to do <br />business in North Carolina. Bonds shall be executed in the form bound with the RFQ unless the <br />Owner accepts another form of bond. <br /> <br />49.3. All bonds shall be countersigned by an authorized agent and attorney-in-fact for the bonding <br />company who is licensed to do business in North Carolina. The title “Licensed Resident Agent” <br />shall appear after the signature. There shall be attached to each copy of the bond a certified cop y of <br />power of attorney properly executed and dated. The seal of the bonding company shall be <br />impressed on each signature page of the bonds. <br /> <br />50. ASSIGNMENTS <br /> <br />50.1. The CMAR shall not delegate or subcontract its duties under this Contract or any portion of this <br />Contract except as expressly set forth herein for general conditions and construction subcontracts. <br />The CMAR may not make a general assignment of its rights under this Contract to any third party <br />without the express consent of the Owner. Except as may be required under terms of the <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78