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§ 1.1.15 Other Initial Information on which this Agreement is based:
<br />§ 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that
<br />such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately
<br />adjust the Project schedule, the Construction Manager's services, and the Construction Manager's compensation. The
<br />Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and
<br />construction milestones, as necessary, to accommodate material changes in the Initial Information.
<br />§ 1.3 Neither the Owner's nor the Construction Manager's representative shall be changed without ten days' prior
<br />notice to the other party.
<br />ARTICLE 2 GENERAL PROVISIONS
<br />§ 2.1 The Contract Documents
<br />The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
<br />Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in
<br />this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as
<br />fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the
<br />Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents
<br />described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the
<br />Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated
<br />agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or
<br />oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this ,Agreement, this
<br />Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15.
<br />If any ambiguity exists regarding the responsibilities of Construction Manager in the Contract Documents, Construction
<br />Manager's response to the Request for Proposals shall apply to remove the ambiguity as to Construction Manager's
<br />responsibilities, capabilities, staffing, schedule or other relevant service.
<br />§ 2.2 Relationship of the Parties
<br />The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants
<br />with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in
<br />furthering the interests of the Owner to furnish efficient construction administration, management services, and
<br />supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an
<br />expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a
<br />timely manner, information required by the Construction Manager and to make payments to the Construction Manager
<br />in accordance with the requirements of the Contract Documents. Notwithstanding the Title of this Standard Form A133-
<br />2019 Agreement or references to Work by the Contractor in the A201-2017, General Conditions,, as modified,
<br />Construction Manager shall not be a constructor or otherwise perform any of the Work. Rather, Construction Manager
<br />upon commencement of the Construction Phase as referenced in Section 3.3, shall perform Construction Manager at
<br />risk services necessary to deliver the Project at the Guaranteed Maximum Price ("GMP").
<br />§ 2.3 General Conditions
<br />§ 2.3.1 For the Preconstruction Phase, AIA Document A201Tm--2017, General Conditions of the ,Contract for
<br />Construction, as modified, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital
<br />Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section2.2.4, Confidential
<br />Information; Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law.
<br />The term "Contractor" as used in A201 2017 shall mean the Construction Manager.
<br />§ 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2017, as
<br />modified, which document is incorporated herein by reference. The term "Contractor" as used in A201-2017 shall mean
<br />the Construction Manager.
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