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34 <br />Progressive Design Build General Conditions <br /> <br />Owner fails to cure, or reasonably commence to cure, such problem, then Design-Builder may <br />give a second written notice to Owner of its intent to terminate within an additional seven (7) day <br />period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence <br />to cure, such problem, then Design-Builder may declare the Contract terminated for default by <br />providing written notice to Owner of such declaration. In such case, Design-Builder shall be <br />entitled to recover in the same manner as if Owner had terminated the Contract for its <br />convenience under Article 9 of the Contract. <br />11.4 Bankruptcy of Design-Builder. <br />11.4.1 If Design-Builder institutes or has instituted against it a case under the United States <br />Bankruptcy Code, such event may impair or frustrate Owner’s ability to perform its obligations <br />under the Contract Documents. Accordingly, should such event occur: <br />11.4.1.1 The Design-Builder, its trustee or other successor, shall furnish, upon request <br />of Owner, adequate assurance of the ability of the Design-Builder to perform all future <br />material obligations under the Contract Documents, which assurances shall be provided <br />within ten (10) days after receiving notice of the request; and <br />11.4.1.2 The Design-Builder shall file an appropriate action within the bankruptcy court <br />to seek assumption or rejection of the Contract within sixty (60) days of the institution of <br />the bankruptcy filing and shall diligently prosecute such action. <br />If the Design-Builder fails to comply with its foregoing obligations, the non-Bankrupt Party shall be <br />entitled to request the bankruptcy court to reject the Contract, declare the Contract terminated <br />and pursue any other recourse available to Owner under this Article 11. <br />11.4.2 The rights and remedies under Section 11.4.1 above shall not be deemed to limit the <br />ability of Owner to seek any other rights and remedies provided by the Contract Documents or by <br />law, including its ability to seek relief from any automatic stays under the United States <br />Bankruptcy Code. <br /> <br /> <br />Article 12 <br />Electronic Data <br /> <br />12.1 Electronic Data. <br /> <br />12.1.1 The parties recognize that Contract Documents, including drawings, specifications and <br />three-dimensional modeling (such as Building Information Models) and other Work Product may <br />be transmitted among Owner, Design-Builder and others in electronic media as an alternative to <br />paper hard copies (collectively “Electronic Data”). <br /> <br />12.2 Transmission of Electronic Data. <br /> <br />12.2.1 Owner and Design-Builder shall agree upon the software and the format for the <br />transmission of Electronic Data. Each party shall be responsible for securing the legal rights to <br />access the agreed-upon format, including, if necessary, obtaining appropriately licensed copies of <br />the applicable software or electronic program to display, interpret and/or generate the Electronic <br />Data. <br />