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G202TM-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk
<br />and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building
<br />information model, and each of their agents and employees.
<br />ARTICLE 2 OWNER
<br />§ 2.1 General
<br />§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract
<br />Documents as if singular in number. The Owner shall designate in writing a representative who shall have express
<br />authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as
<br />otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner
<br />or the Owner's authorized representative.
<br />§ 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information
<br />necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such
<br />information shall include a correct statement of the record legal title to the property on which the Project is located,
<br />usually referred to as the site, and the Owner's interest therein.
<br />§ 2.2 Evidence of the Owner's Financial Arrangements
<br />§ 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the
<br />Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations
<br />under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such
<br />evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended
<br />appropriately.
<br />§ 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to
<br />the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations
<br />under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require;
<br />(2) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due;
<br />or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as
<br />required, within fourteen days of the Contractor's request, the Contractor may immediately stop the Work and, in that
<br />event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work
<br />materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the
<br />Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the
<br />Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the
<br />Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents.
<br />§ 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not
<br />materially vary such financial arrangements without prior notice to the Contractor.
<br />§ 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor
<br />shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may
<br />disclose "confidential" information, after seven (7) days' notice to the Owner, where disclosure is required by law,
<br />including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court
<br />or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants,
<br />sureties, Subcontractors and their employees, Sub -subcontractors, and others who need to know the content of such
<br />information solely and exclusively for the Project and who agree to maintain the confidentiality of such information.
<br />§ 2.3 Information and Services Required of the Owner
<br />§ 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,
<br />including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements,
<br />assessments and charges required for construction, use or occupancy of permanent structures or for permanent
<br />changes in existing facilities.
<br />§ 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing
<br />architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the
<br />Agreement and is referred to throughout the Contract Documents as if singular in number.
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