VALUES; ALLOWANCES.
(A)
THE INITIAL SCHEDULE OF VALUES ALLOCATING
THE GUARANTEED MAXIMUM PRICE AMONG THE VARIOUS COMPONENTS OF THE WORK PREPARED
BY THE DESIGN/BUILDER AND APPROVED BY THE OWNER IS ATTACHED HERETO AS SCHEDULE C
(AS AMENDED FROM TIME TO TIME WITH THE APPROVAL OF THE OWNER, THE "SCHEDULE OF
VALUES").
THE SCHEDULE OF VALUES SHALL BE UPDATED BY THE DESIGN/BUILDER AS
FREQUENTLY AS NECESSARY TO REFLECT CHANGES AS THE WORK PROCEEDS.
(B)
THE GUARANTEED MAXIMUM PRICE INCLUDES
ALLOWANCES FOR THE ITEMS, AND IN THE AMOUNTS, SET FORTH ON SCHEDULE D ATTACHED
HERETO AND MADE A PART HEREOF.
THE GUARANTEED MAXIMUM PRICE SHALL BE INCREASED
OR DECREASED, AS APPLICABLE, BY THE DIFFERENCE BETWEEN (I) THE AMOUNT OF EACH
ALLOWANCE THEN LISTED ON SCHEDULE D AND (II) THE ACTUAL OUT-OF-POCKET COST TO
THE DESIGN/BUILDER OF PROVIDING ANY OF THE ALLOWANCE ITEMS.
19.
LIENS.
IN THE EVENT THAT ANY SUBCONTRACTOR,
SUPPLIER OR OTHER PARTY FOR WHOM THE DESIGN/BUILDER IS RESPONSIBLE ESTABLISHES A
LIEN AGAINST THE PROJECT AND/OR THE PROJECT SITE, THE DESIGN/BUILDER SHALL,
WITHIN FIVE (5) DAYS FOLLOWING THE REQUEST OF THE OWNER, OBTAIN FOR THE OWNER'S
BENEFIT AND AT NO COST TO THE OWNER, CAUSE SUCH LIEN TO BE DISCHARGED (BY FILING
A LIEN DISCHARGE BOND FROM A SURETY AND IN A FORM ACCEPTABLE TO THE OWNER OR
OTHERWISE).
IF THE DESIGN/BUILDER FAILS TO OBTAIN A CAUSE SUCH LIEN TO BE
DISCHARGED WITHIN SUCH FIVE (5) DAY PERIOD, THE OWNER SHALL HAVE THE RIGHT TO
(A) WITHHOLD SUCCEEDING PROGRESS PAYMENTS OR ANY OTHER SUMS PAYABLE TO THE
DESIGN/BUILDER AND/OR (B) HAVE SUCH LIEN DISCHARGED (BY BONDING, BY MAKING
PAYMENT TO THE LIENOR, OR OTHERWISE) AT THE DESIGN/BUILDER'S COST AND EXPENSE.
THE OWNER MAY EITHER APPLY AMOUNTS SO WITHHELD TO DISCHARGING SUCH LIEN(S) OR
MAY RETAIN SUCH AMOUNTS UNTIL SUCH LIEN(S) ARE DISCHARGED OR RELEASED BY THE
DESIGN/BUILDER OR THE LIENOR AND SHALL THEREAFTER CREDIT TO THE DESIGN/BUILDER
ANY AMOUNTS REMAINING AFTER PAYMENT OF THE FEES AND EXPENSES THE OWNER INCURS IN
CONNECTION WITH SUCH LIEN(S).
THE DESIGN/BUILDER AGREES TO INDEMNIFY AND HOLD
HARMLESS THE OWNER FROM ALL COSTS AND EXPENSES INCURRED BY THE OWNER IN
CONNECTION WITH DEFENDING OR DISCHARGING SUCH LIEN(S).
20.
NON-RECOURSE.
NO PARTNER, MEMBER,
SHAREHOLDER, DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF THE OWNER OR ANY OF THE
FOREGOING SHALL HAVE ANY PERSONAL LIABILITY ARISING OUT OF THE CONTRACT
DOCUMENTS OR THE PROJECT.
21.
KEY PERSONNEL.
THE MEMBERS OF THE
DESIGN/BUILDER'S AND ARCHITECT'S STAFF ASSIGNED TO AND PRIMARILY RESPONSIBLE FOR
SUPERVISING AND/OR PERFORMING THE WORK SHALL BE THE FOLLOWING PERSONS:
10
Person
Position
Steve Murray
Project Manager
Steve Savage
Project Superintendent
Anne Myers
Project Architect
Such key members of the Design/Builder's staff shall not be changed without the
written consent of the Owner, unless such person becomes unable to perform his
or her duties due to death, disability or termination of employment, or unless
the Owner requests removal.
If a key member is no longer capable of performing
in the capacity described in the attached exhibit, or is