Common use of U.C.C. Not Generally Applicable Clause in Contracts

U.C.C. Not Generally Applicable. Design-Builder further acknowledges and agrees that Owner, as set forth in subsection (3) above, has granted only a limited waiver of sovereign immunity, such that the provisions of the Uniform Commercial Code (O.C.G.A §11-1-101 through §11-2-725) governing sales of goods do not apply to this Contract. Design-Builder specifically acknowledges the contractual requirements that written changes, modifications, and waivers to this contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Design-Builder specifically waives and covenants not to make against Owner any claims based upon the Uniform Commercial Code. Design-Builder understands, however, that Design-Builder’s subcontracts with Suppliers and Subcontractors may in fact include sales of goods and therefore be properly governed by the Uniform Commercial Code; nonetheless Design-Builder covenants that any such application shall in no way be construed to have any legal effect upon this contract between Owner and Design-Builder.

U.C.C. Not Generally Applicable. Design-Builder further acknowledges and agrees that Owner, as set forth in subsection (3) above, has granted only a limited waiver of sovereign immunity, such that the provisions of the Uniform Commercial Code (O.C.G.A §11-1-101 through §11-2-725) governing sales of goods do not apply to this Contract. Design-Builder specifically acknowledges the contractual requirements that written changes, modifications, and waivers to this contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Design-Builder specifically waives and covenants not to make against Owner any claims based upon the Uniform Commercial Code. Design-Builder understands, however, that Design-Design- Builder’s subcontracts with Suppliers and Subcontractors may in fact include sales of goods and therefore be properly governed by the Uniform Commercial Code; nonetheless Design-Builder covenants that any such application shall in no way be construed to have any legal effect upon this contract between Owner and Design-Design- Builder.