8.1. SR 09-21-2020 - Laserfiche WebLink

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[ u ] Arbitration pursuant to Article 15 of AIA Document A201-2017 [ u X» ] Litigation in a court of competent jurisdiction, in Sherburne County, Minnesota Other: (Specify) «.2) If the Owner and Construction Manager do not select a method of binding dispute resolutiol agree in writing to a binding dispute resolution method other than litigation, Claims will be court of competent jurisdiction. ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Gu Owner may terminate this Agreement upon not less than seven days' written notice to the the Construction Manager may terminate this Agreement, upon not less than seven days' § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1, the Consl compensated for Preconstruction Phase services and Work performed prior to receipt of a n accordance with the terms of this Agreement. In no event shall the Construction Manager's Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may Agreement upon not less than seven days' written notice to the Construction Manager for the C without cause, and the Construction Manager may terminate this Agreement, upon not less than notice to the Owner, for the reasons set forth in Article 14 of A201-2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the Construction I equitably compensated for Preconstruction Phase services and Work performed prior to receipt of a termination. In no event shall the Construction Manager's compensation under this Section exceed i forth in Section 5.1. ximum Price, the a Manager, and e to the Owner. onager shall be mination, in Jon under this ate this convenience and days' written uiager shall be nice of compensation set § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. § 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that AIA Do—ent A133' - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "AmC+rt car it stn at' of 1ich to ts,' `AIA,' the AIA Logo, and `AIA Contract Docin-rit are registered tr dema ks and may not b ased �� without �� rm Ls,ion. This draft was produced by AIA software at 13:58:42 ET on 06/29/2020 under Order No.2067434383 which expires on 04/02/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1834312825)