6.1. SR 01-28-2002 - Laserfiche WebLink

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.4 cooPerate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, thc Construction Manager, without additional charge, shall cooperate with the Owner and Architect as necessary to bring the Construction Cost within the fixed limit, if established as a condition of this Agreement. ARTICLE 6 CONSTRUCTION SUPPORT ACTIVITIES 6.1 Construction support activities, if provided by the Con- struction Manager, shall be governed by separate contrac- tual agreements unless otherwise provided in Article 14. 6.2 Reimbursable expenses listed in Article 14 for construc- tion support activities may be subject to trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment which shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. ARTICLE 7 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 7.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the X~rk to be executed by the Contractors is described. The Construction Manager may retain one record set. The Construction Manager shall not own or claim a copyright in the Drawings, Specifications and other documents prepared bv the Architect. and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common lay,; statutory and other reserved rights, in addition to the copyright. All copies of them. except the Construction Manager's record set, shall be returned or suitably accounted tbr to the Architect, on request, upon com- pletion of the Project. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof fur- nished to the Construction Manager, are for use solely with respect to this Project. They are not to be used by the Con- struction Manager on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner and Architect. The Construc- tion Manager is granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the pertbrmance of the Construction Manager's services under this Agreement. All copies made under this license shall bear the statutory copyright notice, if any: shown on the Drawings. Specifica- tions and other documents prepared by thc Architect. Sub- mittal or distribution to meet official regulatory requirements or for other purposes in connection with this Proicct is not to bc construed as publication in derogation of the Archi- tect's copyright or other reserved rights. ARTICLE 8 ARBITRATION 8.1 Claims, disputes ()r other matters in question between thc parties to this Agreement arising ()tit of or rclati~ag to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cut2- rently in effect unless the parties mutually agree otherwise. 8.2 Demand for arbitration shall be filed in writing with the other part.,,' to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 8.3 No arbitration arising out of or relating to this Agree- ment shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the Owner, Construc- tion Manager, and any other person or entity sought to be joined. Consent to arbitration invoh'ing an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or en- tity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in an)- court having jurisdiction thereof. 8.4 The award rendered bv the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 9 TERMINATION, SUSPENSION OR ABANDONMENT 9.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 9.2 If the Project is suspended by the Owner tbr more than 30 consecutive days, the Construction Manager shall be com- pensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager's compensation shall be equitably adjusted to pro- vide for expenses incurred in the interruption and resump- tion of the Construction Manager's services. 9.3 This Agreement' may be terminated by'the Owner upon not less than seven days' written notice to the Construction Manager in the event that the Proiect is permanently aban- doned. It' thc Project is abandQned by the Owner for more than 90 consecutive days, the Construction Manager may ter- minate this Agreement by giving written notice. 9.4 Failure of the Owner to make payments to the Construc- tion Manager in accordance with this Agreement shall be con- sidered substantial nonperformance and cause for termination. 9.5 If the Owner fails to make payment when due the Construction Manager for services :.md expenses, the Con- struction Manager may upon seven days' written notice to thc Owner, suspend performance of services under this Agreement. 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