2025-207-E-AMS-Gilban crisis diversion-Master WC GL AutoXS-10M

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Page 16 of 53 5-2-25 elevators and escalators, security equipment, roof, curtain wall, doors and waterproofing. Extended warranties shall be specified in the Construction Documents or specific written instructions from the Owner. All such extended warranties shall be provided by a Subcontractor or manufacturer to Owner. If the warranty is provided by a Subcontractor or manufacturer, the warranty shall explicitly state that it is for the benefit of and may be enforced by the Owner. Such warranties shall provide, at a minimum, for the repair or replacement of defective or non-conforming components within the warranty period. Beyond its general twelve (12) month warranty, the CMAR shall not be responsible for extended warranties given by a Subcontractor or manufacturer, so long as the Owner has the benefit of and right to enforce the warranty. 14.3. Additionally, the Owner may bring an action against the CMAR for latent defects which are hidden or not readily apparent to the Owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. 14.4. The CMAR services shall extend through the completion of the warranty phase; once Project Closeout is achieved, however, the CMAR’s obligations and services are limited to Warranty obligations. 15. ROYALTIES, LICENSES AND PATENTS 15.1. It is the intention of the Contract Documents that the Work covered herein will not constitute in any way infringement of any patent whatsoever unless the fact of such patent is clearly evidenced herein. The CMAR shall protect and save harmless the Owner against suit on account of alleged or actual infringement but only if CMAR knew that the required design, process, or product was an infringement of a copyright or a patent, and the CMAR failed to promptly furnish such information to the Owner. The CMAR shall pay all royalties and/or license fees required on account of patented articles or processes, whether the patent rights are evidenced hereinafter. 16. PERMITS, INSPECTIONS, FEES, REGULATIONS 16.1. The CMAR shall give all notices and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the Work under the Contract. If the CMAR observes that the drawings and specifications are at variance therewith, it shall promptly notify the Project Designer and Owner in writing. Any necessary changes required after contract award shall be made by change order. If the CMAR performs any Work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Project Designer and Owner, it shall bear all cost arising there from. Additional legal requirements implemented after bidding will be subject to equitable adjustments to the GMP. 16.2. All Work under the CMAR Contract shall conform to the North Carolina State Building Code and other State, local, and national codes as are applicable. The cost of all required regulatory agency inspections under State, local and national codes shall be the responsibility of the CMAR and its Subcontractors. Costs for re-inspections by Orange County or other regulatory agencies, to the extent attributable to the CMAR and its Subcontractors, shall be the responsibility of the CMAR and its Subcontractors. 16.3. The CMAR shall cooperate with the state, county or municipal authorities by obtaining building and other required permits. Permits shall be obtained by the CMAR, but paid for by the Owner. 17. CONDUCT AND USE OF PREMISES 17.1. The CMAR shall confine its apparatus, the storage of materials and the operations of its workers to limits as indicated by law, ordinances, permits or directions of the Project Designer and Owner’s Representative and shall not exceed those established limits in its operations. Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78