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

U.C.C. Not Generally Applicable. CMR further acknowledges and agrees that Board, 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. CMR specifically acknowledges the contractual requirements that written changes, modifications, and waivers to this contract must be specifically executed by the Board as set forth in the Contract Documents. Accordingly, CMR specifically waives and covenants not to make against Board any claims based upon the Uniform Commercial Code. CMR understands, however, that CMR’s subcontracts with Suppliers and Subcontractors may in fact include sales of goods and therefore be properly governed by the Uniform Commercial Code; nonetheless CMR covenants that any such application shall in no way be construed to have any legal effect upon this contract between Board and CMR.

U.C.C. Not Generally Applicable. CMR CM/GC further acknowledges and agrees that BoardOwner, 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. CMR CM/GC specifically acknowledges the contractual requirements that written changes, modifications, and waivers to this contract must be specifically executed by the Board Owner as set forth in the Contract Documents. Accordingly, CMR CM/GC specifically waives and covenants not to make against Board Owner any claims based upon the Uniform Commercial Code. CMR CM/GC understands, however, that CMRCM/GC’s subcontracts with Suppliers and Subcontractors may in fact include sales of goods and therefore be properly governed by the Uniform Commercial Code; nonetheless CMR CM/GC covenants that any such application shall in no way be construed to have any legal effect upon this contract between Board Owner and CMRCM/GC.

U.C.C. Not Generally Applicable. CMR CM/GC further acknowledges and agrees that BoardOwner, as set forth in subsection (3) aboveiabove , 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. CMR CM/GC specifically acknowledges the contractual requirements that written changes, modifications, and waivers to this contract must be specifically executed by the Board Owner as set forth in the Contract Documents. Accordingly, CMR CM/GC specifically waives and covenants not to make against Board Owner any claims based upon the Uniform Commercial Code. CMR CM/GC understands, however, that CMR’s CM/GC‟s subcontracts with Suppliers and Subcontractors may in fact include sales of goods and therefore be properly governed by the Uniform Commercial Code; nonetheless CMR CM/GC covenants that any such application shall in no way be construed to have any legal effect upon this contract between Board Owner and CMRCM/GC.

U.C.C. Not Generally Applicable. CMR CM/GC further acknowledges and agrees that BoardOwner, as set forth in subsection (3) aboveSection 1.1.3.3, 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. CMR CM/GC specifically acknowledges the contractual requirements that written changes, modifications, and waivers to this contract must be specifically executed by the Board Owner as set forth in the Contract Documents. Accordingly, CMR CM/GC specifically waives and covenants not to make against Board Owner any claims based upon the Uniform Commercial Code. CMR CM/GC understands, however, that CMRCM/GC’s subcontracts with Suppliers and Subcontractors may in fact include sales of goods and therefore be properly governed by the Uniform Commercial Code; nonetheless CMR CM/GC covenants that any such application shall in no way be construed to have any legal effect upon this contract between Board Owner and CMRCM/GC.