Page 16 - Villas at Savona Close-out Manual

11.10 ASSIGNMENT. Neither party to this Agreement may assign any portion of this Agreement to
any other party without the consent of the other party. This shall not, however, limit the ARCM'S
ability to execute any necessary subcontract or consulting Agreements as may be required to
complete the ARCM'S Work.

11.11 PARTICIPATION IN ANCILLARY PROCEEDINGS. In the event that the ASSOCIATION
requests the ARCM’S services in support of the ASSOCIATION’S cause in connection with any
mediation, arbitration, litigation, or similar proceeding of any type related to the Project or Property,
the ARCM shall be compensated by the ASSOCIATION in accordance with the ARCM’S Current
Year Billing Rate Schedule for Expert Services in effect at the time of the request.

11.12 ACCESS TO WORK. The ASSOCIATION agrees to provide the ARCM with free access to the
Work area for ARCM'S personnel and vehicles, and shall allow areas for an onsite office, storage
area, portable sanitary facilities, trash receptacles, and other necessary support elements as the ARCM
may require. The ASSOCIATION shall ensure that the ARCM has access to the site as necessary for
the completion of the ARCM'S Work on weekdays (Monday through Friday excluding holidays) and
during normal working hours (7:00 a.m. through 5:00 p.m.) (6:00 AM Summertime start).

11.13 SITE SAFETY AND SECURITY. The ARCM shall conduct its Work in a safe manner at all
times. The ARCM, however, shall not be responsible for the safety of residents, visitors, children or
animals that may intentionally or unintentionally ignore reasonable efforts by the ARCM or other
parties to maintain a safe working environment. Except in the event of the ARCM’S sole negligence
or willful misconduct, the ARCM shall not be responsible for security of common or personal
property at the site.

11.14 NOTICE TO ASSOCIATION. Under the Mechanic's Lien Law (Ariz.Rev.Stat. § 33-981 et.Seq),
any contractor, subcontractor, laborer, materialman, supplier or other person who helps improve your
Property, but who is not paid for such improvements, has a right to enforce a lien against your
property. Such a lien could force the sale of your property with the proceeds being used to satisfy the
debt.

11.15 USE OF DESIGN WORK PRODUCT. Design Work product (plans, specifications, etc.)
produced by the ARCM will satisfy all needs of the ARCM with respect to the sufficiency of the
Work product with respect to, but not limited to, completeness, accuracy and usability for
subcontractor bidding and construction purposes. Design Work produced by the ARCM is not,
however, necessarily intended to satisfy the needs of, or be sufficient with respect to, any other entity
attempting to utilize them for similar purposes. Should the ASSOCIATION elect to utilize the design
Work product produced by the ARCM to award all or any portion of the bidding or construction
Work to any other entity than the ARCM, the ARCM shall not, in any way whatsoever, be held
responsible for the sufficiency of the design Work product, and the ASSOCIATION shall indemnify,
defend and hold harmless the ARCM from any claims, judgments, losses, costs, damages, whatsoever
relating to the sufficiency of the design Work product.

11.16 HAZARDOUS MATERIALS. The ARCM has not been requested to include, nor has he
included, any provisions for discovery, removal, or disposal of any hazardous materials, which may
be present at the Project at this time. Encountering any such materials shall be an Unforeseen
Condition per the terms of this Agreement.

11.17 BULK MATERIAL PURCHASING. When a Project schedule or storage limitations, on-site or

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