R2001-61 AUTHORIZING NEGOTIATION OF A CONTRACT

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AND OTHER DOCUMENTS demand for arbitration be made after the date when institution of legal or equitable proceedings based on such 7.1 The Drawin s S ecifications and other documents g � p claim,dispute or other matter in question would be barred by � prepared by the Architect are instruments of the Architect's the applicable statutes of limitations. service through which the Work to be executed by the ' Contractors is described. The Construction Manager may g,3 No arbitration arising out of or relating to this ' retain one record set. The Construction Manager shall not Agreement shall include, by consolidation,joinder or in any own or claim a copyright in the Drawings,Specifications and other manner, an additional person or entity not a pariy to other documents prepared by the Architect, and unless this Agreement, except by written consent containing a otherwise indicated the Architect shall be deemed the author specific reference to this Agreement signed by the Owner, of them and will retain all common law, statutory and other Construction Manager,and any other person or entity sought reserved rights, in addition to the copyright. All copies of to be joined. Consent to arbitration involving an additional them, except the Construction Manager's record set, shall be person or entity shall not constitute consent to arbitration of returned or suitably accounted for to the Architect, on any claim, dispute or other matter in question not described request, upon completion of the Project. The Drawings, in the written consent or with a person or entity not named Specifications and other documents prepared by the or described therein. The foregoing agreement to arbitrate Architect, and copies thereof furnished to the Construction and other agreements to arbitrate with an additional person Manager, are for use solely with respect to this Project. They or entity duly consented to by the parties to this Agreement are not to be used by the Construction Manager on other shall be specifically enforceable in accordance with projects or for additions to this Project outside the scope of applicable law in any court having jurisdiction thereof. the Work without the specific written consent of the Owner and Architect. The Construction Manager is granted a g,4 The award rendered by the arbitrator or arbitrators limited license to use and reproduce applicable portions of shall be final, and judgment may be entered upon it in the Drawings, Specifications and other documents prepared accordance with applicable law in any court - having by the Architect appropriate to and for use in the jurisdiction thereof. Y'vi viuiiuiw vi iu�. ^.vil��au'��1vil *1G1114�V1�S S\.1�1�VS uiau�.i this Agreement. • ARTICLE 9 All copies made under this license shall bear the statutory TERMINATION,SUSPENSION OR � copyright notice, if any, shown on the Drawings, ABANDONMENT Specifications and other documents prepared by the A.rchitect. Submittal or distribution to meet offcial 9.1 This Agreement may be terminated by eith�r party regulatory requirements or for other purposes in connection upon not less than seven days'written notice should the other with this Project is not to be construed as publication in party fail substantially to perform in accordance with the derogation of the Architect's copyright or other reserved terms of this Agreement through no fault of the party rignts. initiating the termination. 9.2 If the Project is suspended by the Owner for more 4RTtGLE 8 than 30 consecutive days,the Construction Man:ager shall be ARBITRATION compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction 8.1 Claims, disputes or other matters in question Manager's compensation shall be equitably adjusted to between the parties to this Agreement arising out of or provide for expenses incurred in the interruption and relating to this Agreement or breach thereof shall be subject resumption of the Construction Manager's services. to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American 9.3 This Agreement may be terminated by the Owner Arbitration Association currently in effect unless the parties upon not less than seven days' written notice to the � mutually agree otherwise. Construction Manager in the event that the Project is permanently abandoned. If the Project is abandoned by the 8.2 Demand for arbitration shall be filed in writing with pwner for more than 90 consecutive days, the Construction the other party to this Agreement and with the American Manager may terminate this Agreement by giving written ' Arbitration Association. A demand for arbitration shall be notice. ." made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the 9.4 Failure of the Owner to make payments to the ' AIA DOCUMENT B$ql/CMa - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA - COPYRIGHT 1992 - THE AMERICAN INS1'ITITfE OF ARCHI'T$CTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.,20006-5292.Unlicensed photocopyipg violates U.S.copyright laws and is subject to lega!prosecurion This document was electronically produced with permission of the AIA and can be reproduced without violation until the daTe of expiration as noted below. Electronic Format B801/CMa-1992 User pocument: 6801 —4/9/2001. A1A License Number 120057, which expires on 10/31/2001 —Page#9