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Construction Manager in accordance with this Agreement except such rights as they may have to the proceeds of such
<br /> shall be considered substantial nonperformance and cause for insurance as set forth in the edition of AIA Document
<br /> termination. � A201/CMa, General Conditions of the Contract for
<br /> � Construction, Construction Manager-Adviser Edition,
<br /> , 9.5 If the Owner fails to make payment when due the current as of the date of this Agreement. The Owner and
<br /> Construction Manager for services and expenses, the Construction Manager each shall require similar waivers
<br /> Construction Manager may, upon seven days' written notice from their Contractors, Architect, consultants, agents, and
<br /> . to the Owner, suspend performance of services under this persons or entities awarded separate contracts administered
<br /> Agreement. Unless payment in full is received by the under the Owner's own forces.
<br /> Construction Manager within seven days of the date of the
<br /> notice,the suspension shall take effect without fiutt►er notice. 10.5 The Owner and Construction Manager,respectivety,
<br /> In the event of a suspension of services, the Construction bind themselves,their partners, successors, assigns and legal
<br /> Manager shall have no liability to the Owner for delay or representatives to the other party to this Agreement and to
<br /> damage caused to the Owner because of such suspension of the partners, successors, assigns and legal representatives of
<br /> services. such other party with respect to all covenants of this
<br /> Agreement. Neither Owner nor Construction Manager shall
<br /> 9.6 In the event of termination not the fault of the assign this Agreement without the written consent of the
<br /> Construction Manager, the Construction Manager shall be other.
<br /> compensated for services performed prior to termination,
<br /> together with Reimbursable Expenses then due and all 10.6 This Agreement represents the entire and integrated
<br /> Termination Expenses as defined in paragraph 9.7. agreement between the Owner and Construction Manager
<br /> and supersedes all prior negotiations, representations or
<br /> 9.7 Termination Expenses are those costs directly agreements, either written or oral. This Agreement may be
<br /> attributa.ble to termination for which the Construction amended only by written instrument signed by both Owner
<br /> Manager is not otherwise campensated. and Construction Manager.
<br /> 10.7 Nothing contained in this Agreement shall create a
<br /> ARTICLf 10 contractual relationship with or a cause of action in favor of
<br /> MISCEL.LANEOUS PROVISIONS a third party against either the Owner or Construction
<br /> � Manager.
<br /> 10.1 Unless otherwise provided, this Agreement shali be
<br /> governed by the law of the place where the Project is located. 10.8 Unless otherwise provided in this Agreement, the
<br /> Construction Manager and the Construction Man�ger's
<br /> consuitants shall have no responsibility for the discovery,
<br /> 10.2 Terms in this Agreement shall have the same presence, handling, removal or disposal of or exposure of
<br /> meanllig aS i:riose IYi ihe euiiiQ�i1 :,i i-^,I�, LC�,:.�e.^.#
<br /> persons to hazardous materiais in any iorm aY 'uie rro,�cct
<br /> A201/CMa, General Conditions of the Contract for site, including but not limited to asbestos, asbestos products,
<br /> Construction, Construction Manager-Adviser Edition, polychlorinated biphenyl(PCB)or other toxic substances.
<br /> current as of the date of this Agreement.
<br /> 10.3 Causes of action between the parties to this ARTICLE 11
<br /> Agreement pertaining to acts or failures to act shall be INSUE2ANCE
<br /> dee�ed to have accrued and the applicable stahrtes of
<br /> limitations shall commence to run not later than either the 11.1 CONSTRUCTION MANAGER'S LIABILITY
<br /> date of Substantial Completion for acts or failures to act INSURANCE
<br /> occurring prior to Substantial Completion, or the date of
<br /> issuance of the final Project Certificate for Payment for acts 11.1.1 The Construction Manager shall purchase from and ,
<br /> or failures to act occurring after Substantial Completion. maintain in a company or companies lawfully authorized to
<br /> do business in the jurisdiction in which the Project is located ,
<br /> 10.4 Waivers of Subrogation. The Owner and such insurance as will protect the Constxuction Manager �
<br /> Construction Manager waive all rights against each other from claims set forth below which may arise out of or result i
<br /> and against the Contractors, Architect, consultants, agents from the Constractiun Manager's operatior.s under this �
<br /> �' and employees of any of them, for damages, but only to the Agreement aud for which the Construction Manager may be I
<br /> extent covered by property insurance during construetion, legally liable. �
<br /> ' AIA DOCUMENT B801/CMa - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA - COPYRIGHT 1992 - THE AMERICAN �
<br /> INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.,20006-5292.Unlicensed photocopying violates U.S.copyright laws and is
<br /> subject to legal prosecurion.This document was electronically produced with pertnission of the AIA and can be reproduced without violarion until the date of expirarion as
<br /> noted beIow.
<br /> Electronic Format B801/CMa-1992 i
<br /> User pocument: B801 --4/9/2001. AIA License Number 120057, which expires on 10/31f2001 -- Page#10
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