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§ 14.4.4.3 The Owner and Design -Builder grant to any person or entity made a party to an arbitration conducted
<br />under this Section 14.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the
<br />Owner and Design -Builder under this Agreement.
<br />ARTICLE 15 MISCELLANEOUS PROVISIONS
<br />§ 15.1 Governing Law
<br />The Contract shall be governed by the law of the place where the Project is located except that,if the parties have
<br />selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act 8-hall govern Section
<br />14.4.
<br />§ 15.2 Successors and Assigns
<br />§ 15.2.1 The Owner and Design -Builder, respectively, bind themselves, their partners, success -ors. d legal
<br />, assigns an
<br />representatives to the covenants., agreements and obligations contained in the Design -Build documents. Except as
<br />provided in Section 15.2.2, neither party to the Contract shall assign the Contract as a whol&'Without written consent
<br />of the other. If either party attempts to make such an assignment without such consent, that pArty shall nevertheless
<br />remain legally responsible for all obligations under the Contract.
<br />�_" . ...... ...
<br />§ 15.2.2 The Owner may, without consent of the Design -Builder, assign the Contract to a lefi&r providing
<br />construction financing for the Project, if the lender assumes the Owner's rights and obligatidA"s under the Design -
<br />Build Documents. The Design -Builder shall execute all consents reasonably required to fac at:e $u
<br />"' ch assignment.
<br />§ 15.2.3 If the Owner requests the Design -Builder, Architect, Consultants, or Contractors to e�t..ec-,--ut-"e.-,.::c.�er-tificates,
<br />other than those required by Section 3.1.10, the Owner shall submit the proposed language of such for
<br />review at least 14 days prior to the requested dates of execution. If the Owner requests the Design -Builder,
<br />Architect, Consultants, or Contractors to execute consents reasonably required to facilitate assignmen!--Ito a lender,
<br />the Design -Builder, Architect, Consultants, or Contractors shall execute all such consents that are conglistent with
<br />this Agreement, provided the proposed consent is submitted to them for review at least 14 days PX."1ior..:1'o' execution.
<br />The Design -Builder, Architect, Consultants, and Contractors shall not be required to execute cp 41ici:ates or consents
<br />that would require knowledge, services or responsibilities beyond the scope of their services;
<br />§ 15.3 Written Notice
<br />Written notice shall be deemed to have been duly served if delivered in person to the individual-, to 19 member of the
<br />firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or s�entf y. registered or
<br />certified mail or by courier service providing proof of delivery to, the last business address known e party
<br />giving notice.
<br />0
<br />§ 15.4 Rights and Remedies
<br />§ 15.4.1 Duties and obligations imposed by the Design -Build Documents, and rights and remtd169 ilable"-,
<br />thereunder, shall be in addition to and not a limitation of duties obligations, rights and remedies . ise imposed
<br />or available by law.
<br />RN
<br />§ 15.4.2 No action or failure to act by the Owner or Design -Builder shall constitute a waiver f a tight or duty
<br />afforded them under the Contract,, nor shall such action or failure to act constitute approval 6f...or.=�quiescence in a
<br />breach thereunder, except as may be specifically agreed in writing.
<br />§ 15.5 Tests and Inspections
<br />§ 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by... _h"e"Design-Build
<br />J.,s
<br />S
<br />Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawf4l pydqrs-i,,-of public
<br />authorities. Unless otherwise provided, the Design -Builder shall make arrangements for such` tests, Ja*ections and
<br />approvals with an independent testing laboratory or entity acceptable to the Owner, or with 1,h.-,e approbir6ate public
<br />authority, and shall bear all related costs of tests, inspections and approvals. The Design -Bulger shall give the
<br />Owner timely notice of when and where tests and inspections are to be made so that the Owh 6r may be for
<br />present
<br />such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not becomerequirements
<br />until after bids are received or negotiations concluded, and (2) tests, inspections or approvals W.h. ere...biulding codes
<br />or applicable laws or regulations prohibit the Owner from delegating their cost to the Design:LBuilder. I ..... . .
<br />XIA Document A1411w - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIAQ-
<br />Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO Document, 33
<br />or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
<br />law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under order No. 3456073873 which expires on 04/04/2021, and is
<br />not for resale.
<br />User Notes: (3B9ADA54)
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