The Contract shall be governedby the
laws of the Statewhere the Projectis located, except that, if the parties have
selected arbitrationasthe method of binding disputeresolution,the
FederalArbitrationAct shall governSection 14.4. §15.2Successors and Assigns
§15.2.1The Owner and Design-Builder,respectively, bind themselves, their
partners, successors, assigns and legal representatives to the covenants,
agreements and obligations contained in the Design-Build Documents. Except as
provided in Section 15.2,2,neitherparty to the Contractshall assignthe
Contractas a whole withoutwritten consent of the other. If either party attempts
to make such an assignment without such consent, that party shall nevertheless
remain legally responsiblefor all obligationsunder the Contract. §15.2.2The
Ownermay,without consentof the Design-Builder,assignthe Contractto a
lenderprovidingconstruction financingfor the Project,if the lender assumesthe
Owner'srights and obligationsunderthe Design-BuildDocuments. The
Design-Buildershall executeall consentsreasonablyrequired to facilitatesuch
assignment. other §15.2.3If the Ownerrequeststhe
Design-Builder,Architect,Consultants,or Contractorsto executecertificates, than
those requiredby Section3.1.10,the Owner shall submitthe proposedlanguageof such
certificatesfor review at least 14 days prior to the requested dates of
execution. If the Owner requests the Design-Builder, Architect, Consultants, or
Contractors to execute consents reasonably required to facilitate assignment to
a lender, the Design-Builder,Architect, Consultants, or Contractors shall
execute all such consents that are consistentwith this Agreement, providedthe
proposed consent is submittedto them for review at least 14 days prior to
execution.The Design-Builder,Architect, Consultants,and Contractorsshall not be
required to execute certificatesor consentsthat wouldrequire knowledge,services
or responsibilitiesbeyondthe scopeof their services. §15.3WrittenNotice Written
notice shall be deemed to have been duly served if delivered in person to the
individual reasonably having authorityto acceptsuchnotice, to a member of the
firm or entity, or to an officer of the corporationfor which it was AlA Document
A141 T4 - 2014. Copyright © 2004 and 2014 by The American Institute of
Architects. All rights reserved. AlA®Document is lnit. protected by
U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AlA®Document, or any portion of it, may 33 result in severe
civil and criminal penalties, and will be prosecuted to the maximum extent
possible under the law. This document was produced by AlA software at 16:43:51
ET on 10/3112018 under Order No.7640887244 whichexpires on 12/13/2018, and is
not for resale. User Notes: (861424439)
[llcagreementoftrcmrc3llc172.jpg]
intended; or if deliveredat, or sent by registeredor certifiedmail or by courier
service providingproof of deliveryto, the last business addressknown to the
party givingnotice. §15.4RightsandRemedies §15.4.1 Duties and obligations
imposed by the Design-Build Documents, and rights and remedies available
thereunder, shallbe in additionto andnot a limitationof
duties,obligations,rights and remedies otherwiseimposedor available by law.
§15.4.2No action or failureto act by the Owner or Design-Buildershall
constitutea waiver of a right or duty afforded them under the Contract, nor
shall such action or failure to act constitute approval of or acquiescencein a
breach thereunder, except as may be specificallyagreed in writing. §15.5Tests
andInspections §15.5.1Tests, inspections and approvals of portions of the Work
shall be made as required by the Design-Build Documents and by applicable laws,
statutes, ordinances, codes, rules and regulations or lawful orders of public
authorities. Unless otherwiseprovided, the Design-Buildershall make arrangements
for such tests, inspectionsand approvals with an independenttesting laboratory