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Construction Manager within seve,~ days of the date of the
<br />notice, the suspension shall take effect without further notice.
<br />In the event of a suspension of services, the Construction
<br />Man;~ger shall have no liability to tile Owner for delay or
<br />damage caused to the Owner because of such suspension of
<br />services.
<br />
<br />9.6 In the event of termination not the fault of tile Construc-
<br />tion Manager, the Construction Manager shall be compensated
<br />for services performed prior to termination, together with
<br />Reimbursable Expenses then due and all Termination Ex-
<br />penses as defined in Paragraph 9.7.
<br />
<br />9.? Termination Expenses are those costs directly attribut-
<br />able to termination for which the Construction Manager is
<br />not otherwise compensated. '
<br />
<br />third party against either the Owner or Construction Manager.
<br />
<br />10.8 Unless otherwise provided in this Agreement, the Con-
<br />struction Manager and the. Construction Manager's consultants
<br />shall have no responsibility for the discover\,; presence, han-
<br />dling, removal or disposal of or exposure of persons to hazar-
<br />dous materials in any form at the Project site, including but
<br />not limited to asbestos, asbestos products, polychlorinated
<br />biphenyl (PCB) or other toxic substances.
<br />
<br />11.1
<br />
<br /> ARTICLE 11
<br /> INSURANCE
<br />
<br />CONSTRUCTION MANAGER'S LIABILITY
<br />INSURANCE
<br />
<br /> ARTICLE 10
<br /> MISCELLANEOUS PROVISIONS
<br />10.1 Unless otherwise Provided, this Agreement shall be
<br />governed by the law of the place where the Project is located.
<br />
<br />10.2 Terms in this Agreement shall have the same meaning
<br />as those in the edition of AIA Document A201/CMa. General
<br />Conditions of the Contract for Construction, Construction
<br />Manager-Adviser Edition, current as of the date of this
<br />Agreement.
<br />
<br />10.3 Causes of action between the parties to this Agree-
<br />merit pertaining to acts or failures to act shall be deemed to
<br />have accrued and the applicable statutes of limitations shall
<br />commence to run not later than either the date of Substantial
<br />Completion for acts or failures to act occurring prior to
<br />Substantial Completion, or the date of issuance of the
<br />final Project Certificate for Payment for acts or failures to
<br />act occurring after Substantial Completion.
<br />
<br />10.4 Waivem of Subrogation. The Owner and Construction
<br />Manager waive all rights against each other and against the
<br />Contractors, Architect. consultants, agents and employees of
<br />any of them, for damages, but only to the extent covered by
<br />property insurance during construction, except such rights
<br />as they may have to the proceeds of such insurance as set forth
<br />in the edition of AIA Document A201/CMa, General Condi-
<br />tions of the Contract for Construction, Construction Manager-
<br />Adviser Edition, current as of the date of this Agreement. The
<br />Owner and Construction Manager each shall require similar
<br />waivers from their Contractors, Architect, consultants, agents,
<br />and persons or entities awarded separate contracts adminis-
<br />tered under the Owner's own forces.
<br />
<br />10.5 The Owner and Construction Manager, respectivel};
<br />bind themselves, their partners, successors, assigns and legal
<br />representatives to the other party to this Agreement and to
<br />the partners, successors, assigns and legal representatives of
<br />such other party with respect to all covenants of this Agree-
<br />merit. Neither Owner nor Construction Manager shall assign
<br />this Agreement without the written consent of the other.
<br />
<br />10.6 This Agreement represents the entire and integrated
<br />agreement between tile Owner and Construction Manager and
<br />supersedes all prior negotiations, representations or agree-
<br />ments, either written or oral. This Agreement may be amended
<br />only by written instrument signed by both Owner and Con-
<br />struction Manager.
<br />
<br />10.7' Nothing contained in this Agreement shall create a con-
<br />tractual relationship with or a cause of action in favor of a
<br />
<br />11.1.1 The Construction Manager shall purchase from and
<br />maintain in a company or companies lawfully authorized to
<br />do business in the jurisdiction in which the Project is located
<br />such insurance as will protect the Construction Manager from
<br />claims set forth below which may arise out of or result from
<br />the Construction .Manager's operations under this Agreement
<br />and for which the Construction Manager may be legally liable.
<br />
<br /> .1 claims under workers compensation, disability
<br /> benefit and other similar employee benefit acts
<br />
<br /> . which are applicable to the operations to be
<br /> performed;
<br />
<br /> .2 claims for damages because of bodily injur}; occu-
<br /> pational sickness or disease, or death of the Con-
<br /> struction Manager's employees;
<br />
<br /> .3 claims for damages because of bodily injury,
<br /> sickness or disease, or death of any person other
<br /> than the Construction Manager's employees;
<br />
<br /> .4 claims for damages insured by usual personal injury
<br /> liability coverage which are sustained (1) by a per-
<br /> son as a result of an offense directly or indirectly
<br /> related to employment of such person by the Con-
<br /> struction Manager, or (2) by another person;
<br />
<br /> .5 claims for damages, other tha~ to the XX'ork itself,
<br /> because of injury to or destruction of tangible prop-
<br /> ert.x5 including loss of use resulting therefrom;
<br /> .6 claims for damages because of bodily injury, death
<br /> of a person or property damage arising out of
<br /> ownership, maintenance or use of a motor vehicle.
<br />
<br />11.1.2 The insurance required by Subparagraph 11.1.1 shall
<br />be written for not less than limits of liability specified in Arti-
<br />cle 14 or required by law, whichever coverage is greater.
<br />Coverages, whether written on an occurrence or claims-made
<br />basis, shall be maintained without interruption from date of
<br />commencement of operations under this Agreement until date
<br />of final payment and termination of any coverage required
<br />to be maintained after final payment.
<br />
<br /> ARTICLE 12
<br />
<br />PAYMENTS TO THE CONSTRUCTION MANAGER
<br />
<br />12.1 DIRECT PERSONNEL EXPENSE
<br />
<br />12.1.1 Direct Personnel Expense is defined as the direct
<br />salaries of the Construction Manager's personnel engaged on
<br />the Project and the portion of tile cost of their mandatory
<br />and customary contributions and benefits related thereto, such
<br />as employment taxes and other statutory employee bene-
<br />
<br />AIA DOCUMENT B8OI/CMa o O\XTNER-CONSTRL'C-I-ION MANAGER AGREEMENT - 1')")2
<br />EDITION · AIA''° · c(c~1¢)2 · ]'tiE AMERIC:kN INSTITUTE OF ARCltlTECI'S, 1735 NEW
<br />YORK AVENUE. NW. \VASHINGTON. D.C 20006 5292 · WARNING: Unlicensed
<br />photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
<br />
<br />B801/CMa-1992 8
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