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Page | 48 <br />Revised 12/24 <br />performance bond or payment bond, no funds or sums of money due or to become due to the <br />CMAR under the Contract may be assigned or pledged as collateral for a loan or other debt without <br />the consent of the Owner. In the event the CMAR has prior to execution of this <br />Contract pledged payments hereunder as collateral for any loan or debt, the CMAR shall advise the <br />Owner, in confidence if required by the CMAR, of the circumstances of the loan or debt, and <br />arrange for the subordination of the security interest of the creditor or lender to the Owner’s rights <br />under this Contract. <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 acti on 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 />[SIGNATURE PAGE TO FOLLOW] <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78