Common use of Administration of the Agreement Clause in Contracts

Administration of the Agreement. 4.1 The Architect will provide administration of this Agreement and will serve as the Owner’s representative during the Preconstruction Phase, during the Construction Phase, and during any corrective Work. 4.2 The Construction Manager shall endeavor to communicate with the Owner through the Architect. Any needed communications by and with subcontractors or material suppliers shall be through the Construction Manager to the Architect. 4.3 The Architect shall be responsible for reviewing the Construction Manager’s applications for payment and certifying amounts as due. Further, the Architect on behalf of the Owner shall have the authority to reject Work which the Architect determines does not conform to the Contract Documents. However, this authority does not in any respect serve to release or otherwise discharge the Construction Manager’s responsibility with regard to performing the Work in compliance with the Contract Documents. 4.4 The term “claim” as used herein shall mean a demand by either the Construction Manager or Owner seeking an adjustment to or interpretation of an Agreement term, payment of money, extension of time, or any other relief with regard to the terms of this Agreement or the Construction Documents. All claims are required to be made in writing by the parties asserting the claim. 4.4.1 Claims arising prior to final payment or the earlier termination of the Agreement shall be initially referred to the Architect for action. 4.4.2 All claims by either party must be made within 21 days after the incident giving rise to the claim or within 21 days after the complaining party first knew or should have known the condition giving rise to the claim, whichever is later. Pending final resolution of any claim, unless otherwise mutually agreed between the parties in writing, the Construction Manager shall proceed with the performance of the Work and the Owner shall proceed to make uncontested payments in accordance with the Contract Documents. 4.4.3 The making of any progress payment or a final payment shall not in any respect constitute a waiver of any claim by the Owner. 4.5 If the Construction Manager encounters conditions at the site which are sub-surface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities as set out in the Contract Documents, then the Construction Manager shall immediately provide notice to the Owner and Architect of the conditions, no later than 21 days after the first observance of the condition. After investigation, the Architect will determine if conditions differ materially, and what, if any, adjustment is needed to the Contract Sum or contract time. The Architect’s findings shall be reduced to writing and provided to both the Owner and Construction Manager. Either party may submit a claim as described in this Article in opposition to the Architect’s determination within 21 days after the Architect has given notice of its decision. 4.6 In the event the Construction Manager wishes to make a claim for an increase in the GMP, the Construction Manager shall provide written notice prior to proceeding to execute the Work. However, prior notice is not required for claims involving an immediate emergency endangering health, safety, welfare or property, but shall be provided as soon as possible. 4.7 In the event the Construction Manager wishes to make a claim for an increase in the contract time, the Construction Manager is required to provide written notice. The Construction Manager shall have the burden of demonstrating the effect of the claimed delay on the contract time, and shall furnish the Architect with such supporting documents as the Architect may reasonably require. In the event adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by data, establishing that the weather condition was abnormal, could not have been reasonably anticipated, and had an adverse effect on the scheduled Work. 4.8 In the event either party to this Agreement suffers injury or damage to person or property as a result of an act or omission of the other party, of any of the other party’s employees or agents, written notice of such injury or damage shall be provided to the other party immediately, and in no event later than 21 days after the injury or damage. In the event there is to be a claim for additional cost or time, it shall be provided as described in this Article. 4.9 The Architect shall review claims and may (1) defer any action with respect to all or any part of a claim and request additional information from either party; (2) decline to render a decision for any reason which the Architect deems appropriate; or (3) render a decision on all or a part of the claim within ten days from the date of the claim. The Architect shall notify the parties in writing of the disposition of such claim. If the Architect decides that the Work relating to such claim should proceed regardless of the disposition of such claim, the Architect shall issue to the Construction Manager a written order to proceed. The Construction Manager shall proceed as instructed, and all rights of both parties with respect to such claim shall be deemed to have been reserved. 4.10 Either party may pursue any claim against the other in any Court having jurisdiction, provided the party has first complied with the provisions of this Article 4 with respect to such claim.

Administration of the Agreement. 4.1 The Architect will provide administration of this Agreement and will serve as the Owner’s representative during the Preconstruction Phase, during the Construction Phase, and during any corrective Work. 4.2 The Construction Manager shall endeavor to communicate with the Owner through the Architect. Any needed communications by and with subcontractors or material suppliers shall be through the Construction Manager to the Architect. 4.3 The Architect shall be responsible for reviewing the Construction Manager’s applications for payment and certifying amounts as due. Further, the Architect on behalf of the Owner shall have the authority to reject Work which the Architect determines does not conform to the Contract Documents. However, this authority does not in any respect serve to release or otherwise discharge the Construction Manager’s responsibility with regard to performing the Work in compliance with the Contract Documents. 4.4 The term “claim” as used herein shall mean a demand by either the Construction Manager or Owner seeking an adjustment to or interpretation of an Agreement term, payment of money, extension of time, or any other relief with regard to the terms of this Agreement or the Construction Documents. All claims are required to be made in writing by the parties asserting the claim. 4.4.1 Claims arising prior to final payment or the earlier termination of the Agreement shall be initially referred to the Architect for action. 4.4.2 All claims by either party must be made within 21 days after the incident giving rise to the claim or within 21 days after the complaining party first knew or should have known the condition giving rise to the claim, whichever is later. Pending final resolution of any claim, unless otherwise mutually agreed between the parties in writing, the Construction Manager shall proceed with the performance of the Work and the Owner shall proceed to make uncontested payments in accordance with the Contract Documents. 4.4.3 The making of any progress payment or a final payment shall not in any respect constitute a waiver of any claim by the Owner. 4.5 If the Construction Manager encounters conditions at the site which are sub-surface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities as set out in the Contract Documents, then the Construction Manager shall immediately provide notice to the Owner and Architect of the conditions, no later than 21 days after the first observance of the condition. After investigation, the Architect will determine if conditions differ materially, and what, if any, adjustment is needed to the Contract Sum or contract time. The Architect’s findings shall be reduced to writing and provided to both the Owner and Construction Manager. Either party may submit a claim as described in this Article in opposition to the Architect’s determination within 21 days after the Architect has given notice of its decision. 4.6 In the event the Construction Manager wishes to make a claim for an increase in the GMP, the Construction Manager shall provide written notice prior to proceeding to execute the Work. However, prior notice is not required for claims involving an immediate emergency endangering health, safety, welfare or property, but shall be provided as soon as possible. 4.7 In the event the Construction Manager wishes to make a claim for an increase in the contract time, the Construction Manager is required to provide written notice. The Construction Manager shall have the burden of demonstrating the effect of the claimed delay on the contract time, and shall furnish the Architect with such supporting documents as the Architect may reasonably require. In the event adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by data, establishing that the weather condition was abnormal, could not have been reasonably anticipated, and had an adverse effect on the scheduled Work. 4.8 In the event either party to this Agreement suffers injury or damage to person or property as a result of an act or omission of the other party, of any of the other party’s employees or agents, written notice of such injury or damage shall be provided to the other party immediately, and in no event later than 21 days after the injury or damage. In the event there is to be a claim for additional cost or time, it shall be provided as described in this Article. 4.9 The Architect shall review claims and may (1) defer any action with respect to all or any part of a claim and request additional information from either party; (2) decline to render a decision for any reason which the Architect deems appropriate; or (3) render a decision on all or a part of the claim within ten days from the date of the claim. The Architect shall notify the parties in writing of the disposition of such claim. If the Architect decides that the Work relating to such claim should proceed regardless of the disposition of such claim, the Architect shall issue to the Construction Manager a written order to proceed. The Construction Manager shall proceed as instructed, and all rights of both parties with respect to such claim shall be deemed to have been reserved. 4.10 Either party may pursue any claim against the other in any the Court having jurisdictionjurisdiction in Osceola County, Florida, as provided in Article 15 of this Agreement, provided the party has first complied with the provisions of this Article 4 with respect to such claim.

Administration of the Agreement. 4.1 The Architect will provide administration of this Agreement and will serve as the Owner’s representative during the Preconstruction Phase, during the Construction Phase, and during any corrective Work. 4.2 The Construction Manager shall endeavor to communicate with the Owner through the Architect. Any needed communications by and with subcontractors or material suppliers shall be through the Construction Manager to the Architect. 4.3 The Architect shall be responsible for reviewing the Construction Manager’s applications for payment and certifying amounts as due. Further, the Architect on behalf of the Owner shall have the authority to reject Work which the Architect determines does not conform to the Contract Documents. However, this authority does not in any respect serve to release or otherwise discharge the Construction Manager’s responsibility with regard to performing the Work in compliance with the Contract Documents. 4.4 The term “claim” as used herein shall mean a demand by either the Construction Manager or Owner seeking an adjustment to or interpretation of an Agreement term, payment of money, extension of time, or any other relief with regard to the terms of this Agreement or the Construction Documents. All claims are required to be made in writing by the parties asserting the claim. 4.4.1 Claims arising prior to final payment or the earlier termination of the Agreement shall be initially referred to the Architect for action. 4.4.2 All claims by either party must be made within 21 days after the incident giving rise to the claim or within 21 days after the complaining party first knew or should have known the condition giving rise to the claim, whichever is later. Pending final resolution of any claim, unless otherwise mutually agreed between the parties in writing, the Construction Manager shall proceed with the performance of the Work and the Owner shall proceed to make uncontested payments in accordance with the Contract Documents. 4.4.3 The making of any progress payment or a final payment shall not in any respect constitute a waiver of any claim by the Owner. 4.5 If the Construction Manager encounters conditions at the site which are sub-surface sub­surface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities as set out in the Contract Documents, then the Construction Manager shall immediately provide notice to the Owner and Architect of the conditions, no later than 21 days after the first observance of the condition. After investigation, the Architect will determine if conditions differ materially, and what, if any, adjustment is needed to the Contract Sum or contract time. The Architect’s findings shall be reduced to writing and provided to both the Owner and Construction Manager. Either party may submit a claim as described in this Article in opposition to the Architect’s determination within 21 days after the Architect has given notice of its decision. 4.6 In the event the Construction Manager wishes to make a claim for an increase in the GMP, the Construction Manager shall provide written notice prior to proceeding to execute the Work. However, prior notice is not required for claims involving an immediate emergency endangering health, safety, welfare or property, but shall be provided as soon as possible. 4.7 In the event the Construction Manager wishes to make a claim for an increase in the contract time, the Construction Manager is required to provide written notice. The Construction Manager shall have the burden of demonstrating the effect of the claimed delay on the contract time, and shall furnish the Architect with such supporting documents as the Architect may reasonably require. In the event adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by data, establishing that the weather condition was abnormal, could not have been reasonably anticipated, and had an adverse effect on the scheduled Work. 4.8 In the event either party to this Agreement suffers injury or damage to person or property as a result of an act or omission of the other party, of any of the other party’s employees or agents, written notice of such injury or damage shall be provided to the other party immediately, and in no event later than 21 days after the injury or damage. In the event there is to be a claim for additional cost or time, it shall be provided as described in this Article. 4.9 The Architect shall review claims and may (1) defer any action with respect to all or any part of a claim and request additional information from either party; party; (2) decline to render a decision for any reason which the Architect deems appropriate; appropriate; or (3) render a decision on all or a part of the claim within ten days from the date of the claim. The Architect shall notify the parties in writing of the disposition of such claim. If the Architect decides that the Work relating to such claim should proceed regardless of the disposition of such claim, the Architect shall issue to the Construction Manager a written order to proceed. The Construction Manager shall proceed as instructed, and all rights of both parties with respect to such claim shall be deemed to have been reserved. 4.10 Either party may pursue any claim against the other in any Court having jurisdiction, provided the party has first complied with the provisions of this Article 4 with respect to such claim.

Administration of the Agreement. DRAFT 4.1 The Architect will provide administration of this Agreement and will serve as the Owner’s representative during the Preconstruction Phase, during the Construction Phase, and during any corrective Work. 4.2 The Construction Manager shall endeavor to communicate with the Owner through the Architect. Any needed communications by and with subcontractors or material suppliers shall be through the Construction Manager to the Architect. 4.3 The Architect shall be responsible for reviewing the Construction Manager’s applications for payment and certifying amounts as due. Further, the Architect on behalf of the Owner shall have the authority to reject Work which the Architect determines does not conform to the Contract Documents. However, this authority does not in any respect serve to release or otherwise discharge the Construction Manager’s responsibility with regard to performing the Work in compliance with the Contract Documents. 4.4 The term “claim” as used herein shall mean a demand by either the Construction Manager or Owner seeking an adjustment to or interpretation of an Agreement term, payment of money, extension of time, or any other relief with regard to the terms of this Agreement or the Construction Documents. All claims are required to be made in writing by the parties asserting the claim. 4.4.1 Claims arising prior to final payment or the earlier termination of the Agreement shall be initially referred to the Architect for action. 4.4.2 All claims by either party must be made within 21 days after the incident giving rise to the claim or within 21 days after the complaining party first knew or should have known the condition giving rise to the claim, whichever is later. Pending final resolution of any claim, unless otherwise mutually agreed between the parties in writing, the Construction Manager shall proceed with the performance of the Work and the Owner shall proceed to make uncontested payments in accordance with the Contract Documents. 4.4.3 The making of any progress payment or a final payment shall not in any respect constitute a waiver of any claim by the Owner. 4.5 If the Construction Manager encounters conditions at the site which are sub-surface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities as set out in the Contract Documents, then the Construction Manager shall immediately provide notice to the Owner and Architect of the conditions, no later than 21 days after the first observance of the condition. After investigation, the Architect will determine if conditions differ materially, and what, if any, adjustment is needed to the Contract Sum or contract time. The Architect’s findings shall be reduced to writing and provided to both the Owner and Construction Manager. Either party may submit a claim as described in this Article in opposition to the Architect’s determination within 21 days after the Architect has given notice of its decision. 4.6 In the event the Construction Manager wishes to make a claim for an increase in the GMP, the Construction Manager shall provide written notice prior to proceeding to execute the Work. However, prior notice is not required for claims involving an immediate emergency endangering health, safety, welfare or property, but shall be provided as soon as possible.. DRAFT 4.7 In the event the Construction Manager wishes to make a claim for an increase in the contract time, the Construction Manager is required to provide written notice. The Construction Manager shall have the burden of demonstrating the effect of the claimed delay on the contract time, and shall furnish the Architect with such supporting documents as the Architect may reasonably require. In the event adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by data, establishing that the weather condition was abnormal, could not have been reasonably anticipated, and had an adverse effect on the scheduled Work. 4.8 In the event either party to this Agreement suffers injury or damage to person or property as a result of an act or omission of the other party, of any of the other party’s employees or agents, written notice of such injury or damage shall be provided to the other party immediately, and in no event later than 21 days after the injury or damage. In the event there is to be a claim for additional cost or time, it shall be provided as described in this Article. 4.9 The Architect shall review claims and may (1) defer any action with respect to all or any part of a claim and request additional information from either party; (2) decline to render a decision for any reason which the Architect deems appropriate; or (3) render a decision on all or a part of the claim within ten days from the date of the claim. The Architect shall notify the parties in writing of the disposition of such claim. If the Architect decides that the Work relating to such claim should proceed regardless of the disposition of such claim, the Architect shall issue to the Construction Manager a written order to proceed. The Construction Manager shall proceed as instructed, and all rights of both parties with respect to such claim shall be deemed to have been reserved. 4.10 Either party may pursue any claim against the other in any Court having jurisdiction, provided the party has first complied with the provisions of this Article 4 with respect to such claim.

Administration of the Agreement. 4.1 The Architect will provide administration of this Agreement and will serve as the Owner’s representative during the Preconstruction Phase, during and Construction Phases of the Construction PhaseWork, and during any corrective Work. 4.2 The Construction Manager shall endeavor to communicate with the Owner Owner’s Project Representative through the Architect. Any needed communications by and with subcontractors or material suppliers shall be through the Construction Manager to the Architect. 4.3 The Architect shall be responsible for reviewing the Construction Manager’s applications for payment and certifying amounts as due. Further, the Architect on behalf of the Owner shall have the authority to reject Work Work, which the Architect determines does not conform to the Contract Documents. However, this authority does not in any respect serve to release or otherwise discharge the Construction Manager’s responsibility with regard to performing the Work in compliance with the Contract Documents. 4.4 The term “claim” as used herein shall mean a demand by either the Construction Manager or Owner seeking an adjustment to or interpretation of an Agreement term, payment of money, extension of time, or any other relief with regard to the terms of this Agreement or the Construction Documents. All claims are required to be made in writing by the parties asserting the claim. 4.4.1 Claims arising prior to final payment or the earlier termination of the Agreement shall be initially referred to the Architect for action. 4.4.2 All claims by either party must be made within 21 days after the incident giving rise to the claim or within 21 days after the complaining party first knew or should have known of the condition giving rise to the claim, whichever is later. Pending final resolution of any claim, unless otherwise mutually agreed between the parties in writing, the Construction Manager shall proceed with the performance of the Work and the Owner shall proceed to make uncontested payments in accordance with the Contract Documents. 4.4.3 The making of any progress payment or a final payment shall not in any respect constitute a waiver of any claim by the Owner. 4.5 If the Construction Manager encounters conditions at the site which are sub-surface or otherwise concealed physical conditions conditions, which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities as set out in the Contract Documents, then the Construction Manager shall immediately provide notice to the Owner Owner’s Project Representative and Architect of the conditions, no later than 21 days after the first observance of the condition. After investigation, the Architect will determine if conditions differ materially, and what, if any, adjustment is needed to the Contract Sum or contract timeContract Time. The Architect’s findings shall be reduced to writing and provided to both the Owner Owner’s Project Representative and Construction Manager. Either party may submit a claim as described in this Article in opposition to the Architect’s determination within 21 days after the Architect has given notice of its decision. 4.6 In the event the Construction Manager wishes to make a claim for an increase in the GMP, the Construction Manager shall provide written notice prior to proceeding to execute the Work. However, prior notice is not required for claims involving an immediate emergency endangering health, safety, welfare or property, but shall be provided as soon as possible. 4.7 In the event the Construction Manager wishes to make a claim for an increase in the contract time, the Construction Manager is required to provide written notice. The Construction Manager shall have the burden of demonstrating the effect of the claimed delay on the contract time, and shall furnish the Architect with such supporting documents as the Architect may reasonably require. In the event adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by data, establishing that the weather condition was abnormal, could not have been reasonably anticipated, and had an adverse effect on the scheduled Work. 4.8 In the event either party to this Agreement suffers injury or damage to person or property as a result of an act or omission of the other party, of any of the other party’s employees or agents, written notice of such injury or damage shall be provided to the other party immediately, and in no event later than 21 days after the injury or damage. In the event there is to be a claim for additional cost or time, it shall be provided as described in this Article. 4.9 The Architect shall review claims and may (1) defer any action with respect to all or any part of a claim and request additional information from either party; (2) decline to render a decision for any reason which the Architect deems appropriate; or (3) render a decision on all or a part of the claim within ten days from the date of the claim. The Architect shall notify the parties in writing of the disposition of such claim. If the Architect decides that the Work relating to such claim should proceed regardless of the disposition of such claim, the Architect shall issue to the Construction Manager a written order to proceed. The Construction Manager shall proceed as instructed, and all rights of both parties with respect to such claim shall be deemed to have been reserved. 4.10 Either party may pursue any claim against the other in any Court having jurisdiction, provided the party has first complied with the provisions of this Article 4 with respect to such claim.

Administration of the Agreement. 4.1 The Architect Design-Build Firm will provide administration of this Agreement the Work and will serve as the Owner’s representative during the Preconstruction Phase, during the Construction Phase, and during any corrective Workjob site. 4.2 The Construction Manager shall endeavor to communicate with the Owner through the Architect. Any needed communications by and with subcontractors or material suppliers shall be through the Construction Manager Design-Build Firm to the ArchitectOwner. 4.3 The Architect Owner shall be responsible for reviewing review the Construction ManagerDesign-Build Firm’s applications for payment and certifying amounts as duepayment. Further, the Architect on behalf of the The Owner shall have the authority to reject Work which the Architect Owner determines does not conform to the Contract Documents. However, this authority does not in any respect serve to release or otherwise discharge the Construction ManagerDesign-Build Firm’s responsibility with regard to performing the Work in compliance with the Contract Documents. 4.4 The term “claim” as used herein shall mean a demand by either the Construction Manager Design-Build Firm or Owner seeking an adjustment to or interpretation of an Agreement term, payment of money, extension of time, or any other relief with regard to the terms of this Agreement or the Construction Documents. All claims are required to be made in writing by the parties asserting the claim. 4.4.1 Claims arising prior to final payment or the earlier termination of the Agreement shall be initially referred to the Architect Owner for action. 4.4.2 All claims Initial notice of Claims by either party must Design-Build Firm shall be made in writing to Owner within 21 seven (7) calendar days after the incident giving rise to the claim or within 21 seven (7) calendar days after the complaining party first knew or should have known the condition giving rise to the claimclaim or else Design-Build Firm shall be deemed to have waived the Claim. Written supporting data shall be submitted to Owner within twenty-one (21) calendar days after the occurrence of the event, whichever is laterunless Owner grants additional time in writing, or else Design-Build Firm shall be deemed to have waived the Claim. Pending final resolution of any claim, unless otherwise mutually agreed between the parties in writing, the Construction Manager Design-Build Firm shall proceed with the performance of the Work and the Owner shall proceed to make uncontested payments in accordance with the Contract Documents. 4.4.3 The making of any progress payment or a final payment shall not in any respect constitute a waiver of any claim by the Owner. 4.5 If the Construction Manager Design-Build Firm encounters conditions at the site which are sub-surface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities as set out in the Contract Documents, then the Construction Manager Design-Build Firm shall immediately provide notice to the Owner and Architect of the conditions, no later than 21 calendar days after the first observance of the condition. After investigation, the Architect Owner will determine if conditions differ materially, and what, if any, adjustment is needed to the Contract Sum or contract time. The Architect’s findings shall be reduced to writing and provided to both the Owner and Construction Manager. Either party may submit a claim as described in this Article in opposition to the Architect’s determination within 21 days after the Architect has given notice of its decision. 4.6 In the event the Construction Manager Design-Build Firm wishes to make a claim for an increase in the GMP, the Construction Manager Design-Build Firm shall provide written notice prior to proceeding to execute the Work. However, prior notice is not required for claims involving an immediate emergency endangering health, safety, welfare or property, but shall be provided as soon as possible. 4.7 In the event the Construction Manager Design-Build Firm wishes to make a claim for an increase in the contract time, the Construction Manager Design-Build Firm is required to provide written notice. The Construction Manager Design-Build Firm shall have the burden of demonstrating the effect of the claimed delay on the contract time, and shall furnish the Architect Owner with such supporting documents as the Architect Owner may reasonably require. In the event adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by data, establishing that the weather condition was abnormal, could not have been reasonably anticipated, and had an adverse effect on the scheduled Work. 4.8 In the event either party to this Agreement suffers injury or damage to person or property as a result of an act or omission of the other party, of any of the other party’s employees or agents, written notice of such injury or damage shall be provided to the other party immediately, and in no event later than 21 calendar days after the injury or damage. In the event there is to be a claim for additional cost or time, it shall be provided as described in this Article. 4.9 The Architect Owner shall review claims and may (1) defer any action with respect to all or any part of a claim and request additional information from either partythe Design-Build Firm; (2) decline to render a decision for any reason which the Architect Owner deems appropriate; or (3) render a decision on all or a part of the claim within ten business days from the date of the claim. The Architect Owner shall notify the parties Design- Build Firm in writing of the disposition of such claim. If the Architect Owner decides that the Work relating to such claim should proceed regardless of the disposition of such claim, the Architect Owner shall issue to the Construction Manager Design-Build Firm a written order to proceed. The Construction Manager Design-Build Firm shall proceed as instructed, and all rights of both parties with respect to such claim shall be deemed to have been reserved. 4.10 Either party may pursue any claim against the other in any the State Court having jurisdictionjurisdiction in Osceola County, Florida, as provided in Article 15 of this Agreement, provided the party has first complied with the provisions of this Article 4 with respect to such claim. 4.11 Design-Build Firm shall prepare, maintain and submit to Owner, for its review and approval, the various logs, reports, and schedules as required by the Owner. Design-Build Firm’s complete performance of its obligation to prepare, maintain and submit those logs, reports, and schedules is a condition precedent to Owner’s obligation hereunder to make any payments to Design-Build Firm. These logs, reports and schedules shall not constitute nor take the place of any notice required to be given by Design-Build Firm to Owner pursuant to the Contract Documents. 4.12 Design-Build Firm shall maintain in a safe place at the Project site one record copy and one permit set of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Construction Change Directive and Field Orders, as well as all written interpretations and clarifications issued by Design-Build Firm, in good order and annotated to show all changes made during design and construction. The record Contract Documents shall be continuously updated by Design-Build Firm throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directive and Field Orders, and all concealed and buried installations of piping, conduit and utility services. Design-Build Firm shall certify the accuracy of the updated record Contract Documents. As a condition precedent to Owner’s obligation to pay Design-Build Firm, Design-Build Firm shall provide evidence, reasonably satisfactory to Owner, that Design-Build Firm is fulfilling its obligation to continuously update the record Contract Documents. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the record Contract Documents as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The record Contract Documents shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in red. The record Contract Documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to Owner for reference. Upon completion of the Work and as a condition precedent to Design- Build Firm’s entitlement to final payment for the Work, the record Contract Documents, samples and shop drawings shall be delivered to Owner by Design- Build Firm. 4.13 Design-Build Firm shall advise Owner and its representatives of their requested or required participation in any meeting or inspection giving each at least one week written notice unless such notice is made impossible by conditions beyond Design-Build Firm’s fault and control, in which case at least 48 hours prior written notice must be given.