Agenda -11-06-2008 - 4p - Laserfiche WebLink

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ARTICLE 11 ADDITIONAL PROVISIONS 11.1 Confidentiality The CMAR will keep confidential and not disclose to any third party all Information designated and marked by the Owner as "Confidential" unless required to disdose the information by law. Furthermore, the CMAR shall not disclose publicly information concerning the Project, except for communications Incident to completion of the Project between the CMAR, Designer, and Contractor, and their independent professional engineers, architects , and . other consultants and subcontractors, and except for information publicity approved by the Owner and communications in connection with filings with governmental bodies having jurisdiction over the design or construction of the Project 11.2 Signs The CMAR shall be permitted to.erect one sign to Identify the CMAR and other Project participants. The identification sign shall be of sound construction, shall be neafly lettered, and shall be subject 6 approval by the Owner. The Contractor may only erect other identification signs If approved by the Owner. In addition to the Identification sign, directional signs may be erected on the property to facilitate deliveries and the movement of personnel and. materials about the site.. Any directional signs shall be subject to approval of the Owner with respect to size, style and location of such directional signs, which approval shall not be unreasonably withheld. Such signs may bear the name of the CMAR and a directional symbol. All signs must comply with Town of Hillsborough sign, appearance and traffic ordinances. No other signs will be permitted except by permission of the Owner. 11.3 Limitation and Assignment The Owner and the CMAR each bind itself, its successors, assigns, insurers, and legal representatives to the terms of this Agrearnent. Neither the Owner nor the CMAR shall assign or transfer Its rights or intarest In this Agreement without the written consent of the other, except that the CMAR may assign accounts receivable to a commercial bank for securing loans without approval of the Owner.. However, nothing contained In this paragraph will prevent .the- CMAR.. from employing Contractors or such consultants, associates or subcontractors as the CMAR may deem appropriate.to assist In performance 30 of the services and of the Work hereunder in accordance with this Agreement. 11.4 Minority Business Enterprise Program The OMAR shall at all times comply with the latest edition of the Orange County Minority Business. Enterprise Policy. All documentation substantiating compliance with ' the requirements of this program shall be delivered to the Owner as stipulated in the Contract Documents. A copy of the Orange County Minority Business Enterprise Policy Is attached to this Agreement as Appendix C, and shall be included in the bid documents submitted to potential Contractors for bids. 11.5 Extent of Agreement This Agreement represents the entire and Integrated agreement between the Owner and -the CMAR and supersedes Ali prior negotiations, representations or agreements, either written or oral._ This Agreement may be modified or amended only by written directives, change orders and other instruments signed by the Owner and the CMAR as expressly set forth in the Agreement Nothing. contained in this 'Agreement Is intended to benefit any third party. The Contractors and Designer are not intended third party benefidarles of this Agreement 11.6 Severability If any provision of th is Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be enforceable without such provision. . 11.7 Meaning ,gf Terms References made in the singular.shall include the plural and the masculine shall include the feminine or neuter. To the greatest extent possible, the meaning of terms used herein shall be consistent with the definitions expressed In the Contract Documents, Designer agreement, and the Contractor contracts. 11.8 Notices Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom It Is intended or if delivered or sent by registered or certified mail, postage prepaid, addressed as follows: To the Owner. _