Sections 8. 1.1 and 8.1.2 above shall not be applicable to any action or proceeding based on infringement or violation of a Proprietary Right, (a) relating solely to a particular process or the product of a particular manufacturer specified by Owner and such processes or products are something other than that which has been offered or recommended by CM@Risk to Owner; or (b) arising from modifications to the Work by Owner or its agents after acceptance of the Work.
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Sources: Standard Agreement Between Owner and Cm@risk on the Basis of a Guaranteed Maximum Price, Construction Manager at Risk Agreement, Construction Manager at Risk Agreement
Sections 8. 1.1 and 8.1.2 above shall not be applicable to any action or proceeding based on infringement or violation of a Proprietary Right, Right (a) relating solely to a particular process or the product of a particular manufacturer specified by Owner and such processes or products are something other than that which has been offered or recommended by CM@Risk to Owner; or (b) arising from modifications to the Work by Owner or its agents after acceptance of the Work.or
Appears in 2 contracts
Sources: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement (Cm@risk)
Sections 8. 1.1 and 8.1.2 above shall not be applicable to any action or proceeding based on infringement or violation of a Proprietary Right, proprietary rights patent or copyright (ai) relating solely to a particular process or the product of a particular manufacturer specified by Owner and such processes or products which are something other than that which has been offered or recommended by CM@Risk ▇▇▇▇ to Owner; or (bii) arising from modifications to the Work by Owner or its agents after acceptance of the Work.
Appears in 1 contract
Sections 8. 1.1 and 8.1.2 above shall not be applicable to any action or proceeding based on infringement or violation of a Proprietary Right, proprietary rights patent or copyright (ai) relating solely to a particular process or the product of a particular manufacturer specified by Owner and such processes or products which are something other than that which has been offered or recommended by CM@Risk CMAR to Owner; or (bii) arising from modifications to the Work by Owner or its agents after acceptance of the Work.
Appears in 1 contract
Sections 8. 1.1 and 8.1.2 above shall not be applicable to any action or proceeding based on infringement or violation of a Proprietary Right, (a) relating solely to a particular process or the product of a particular manufacturer specified by Owner and such processes or products are something other than that which has been offered or recommended by CM@Risk to Owner; or (b) arising from modifications to the Work by Owner or its agents after acceptance of the Work.or
Appears in 1 contract