2020-26 - Approve Design Build of Cove Church

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§ 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1. the Owner will instruct the Design -Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design -Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner's expense. § 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.E reveal failure of the portions of the Work to comply with requirements established by the Design -Build Documepts, all costs made necessary by such failure shall be at the Design -Builder's expense. § 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design -Build Documents, be secured by the Design -Builder and promptly delivered to the Owner. § 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design -Bull"' Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. § 15.5.6 Tests or inspections conducted pursuant to the Design -Build Documents shall be mae promptly to avoid unreasonable delay in the Work. § 15.6 Confidential Information If the Owner or Design -Builder transmits Confidential Information, the transmission of such Confidential Information constitutes a warranty to the party receiving such Confidential Information that the transmitting party is authorized to transmit the Confidential Information. If a party receives Confidential Information, the receiving party shall keep the Confidential Information strictly confidential and shall not disclose it to any other person or entity except as set forth in Section 15.6.1. § 15.6.1 A party receiving Confidential Information may disclose the Confidential Information a refired by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity. A party receiving Confidential Information may also disclose the Confidential Inform, io 16 its employees, consultants or contractors in order to perform services or work solely and exclusively for the P`xoje t, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use af- nfidential Information as set forth in this Contract. § 15.7 Capitalization Terms capitalized in the Contract include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. r § 15.8 Interpretation § 15.8.1 In the interest of brevity the Design -Build Documents frequently omit modifying word uoh as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent £rom Qne statement and appears in another is not intended to affect the interpretation of either statement. § 15.8.2 Unless otherwise stated in the Design -Build Documents, words which have well-knbn technical or construction industry meanings are used in the Design -Build Documents in accordance wiffi,such reconizec meanings. ARTICLE 16 SCOPE OF THE AGREEMENT § 16.1 This Agreement is comprised of the following documents listed below: .1 AIA Document A 141 TM-2014, Standard Form of Agreement Between Owner a Desrgr -Builder .2 AIA Document A 141 TK-2014, Exhibit A, Design -Build Amendment, if execute .3 AIA Document A 141 Tm--2014, Exhibit B, Insurance and Bonds .4 AIA. Document A 141 TM-2014, Exhibit C. Sustainable Projects, if completed r .5 AIA Document E203Tm-2013, Building Information Modeling and Digital Da�'Exhibit f completed, or the following: AIA Document A1411 - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAP Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the 34 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 not for resale. User Notes: (3B9ADA54)