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§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted
<br />throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary
<br />estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction
<br />Manager represent the Construction Manager's judgment as a person or entity familiar with the construction
<br />industry It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of
<br />labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding,
<br />market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent
<br />that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from
<br />any cost estimate or evaluationprepared by the Construction Manager.
<br />§ 6.3 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists
<br />between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the
<br />Construction Manager shall work cooperatively to conform the cost estimates to one another.
<br />§ 6.4 if, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost
<br />of the Work exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with
<br />the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget,
<br />and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
<br />§ 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the
<br />Owner's budget for the Cost of the Work, the Owner shall
<br />.1 give written approval of an increase in the budget for the Cost of the Work;
<br />.2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or
<br />quality as required to reduce the Cost of the Work; or
<br />.3 implement any other mutually acceptable alternative.
<br />ARTICLE 7 COPYRIGHTS AND LICENSES
<br />The Construction Manager and the Construction Manager's consultants, if any, shall not own or claim a copyright in
<br />the Instruments of Service. The Construction Manager, the Construction Manager's consultants, if any, and the
<br />Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the
<br />copyright owner of such information or has permission from the copyright owner to transmit such information for its
<br />use on the Project. If the Owner and Construction Manager intend to transmit Instruments of Service or any other
<br />information or documentation in digital form, they shall endeavor to establish necessary protocols governing such
<br />transmissions.
<br />ARTICLE 8 CLAIMS AND DISPUTES
<br />§ 8.1 General
<br />§ 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action, whether in contract,
<br />tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements
<br />of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law,
<br />but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and
<br />Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1.
<br />§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager waive all
<br />rights against each other and against the contractors, consultants, agents and employees of the other for damages,
<br />except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232 -2009,
<br />General Conditions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall
<br />require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other
<br />parties enumerated herein.
<br />§ 8.13 The Construction Manager shall indemnity and hold the Owner and the Owner's officers and employees
<br />harmless from and against damages, losses and judgments arising front claims by third parties, including reasonable
<br />attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the
<br />negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of
<br />professional services under this Agreement. The Construction Manager's duty to indemnify the Owner under this
<br />provision shall be limited to the available proceeds of insurance coverage.
<br />Ain bsaueent c13291- 2009 (formerly 11902Mot - 1992). Copyright 15 1973, 1900, 1992 and 2009 by The MWrloeu i0stitu4o of Arch lcactr. All
<br />xlyhto meorV 11)t t 1 ouearsoss Protooraa .l 1 1 . Lae re,t On 1 .d OOpOOdOC 00 01
<br />In .. .b n u i , ,1 a n
<br />This draft was produced ,y MA software at 14:31:23 on 11/19/2013 under oiler No.1655001 70, A which
<br />expires on 10/17/2019, and In not for resole. 114960159541
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