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<br />§ 9.71 In the event el' terrn nation for the Owner's convenience prior m commencement of construction, the
<br />Construction Manager shall h* entitled w receive payment for services performed, costs incurred hy reason o[such
<br />tern ination and reasonable overhead and profit on Preconstruction services not coinpletecl during the
<br />Pow.odrv:ti^oPkose.
<br />§ 9.72 In the event of termination for the Owner's convenience after commencement of construction, the
<br />Construction Manager shall be entitled to receive payment for services performed and costs incurred by reason of
<br />sueh terni ination, along with reasonable overhead and proflt on serviecs not completed during the Construction
<br />Phase.
<br />ARTICLE 10 MISCELLANEOUS PROVISIONS
<br />§ 10.1 This Agreernent shall be governed by the Iaw of the place where the Project blocated \'a"ot i/:``'
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<br />§102Terms in this A \dmUhmvedhosmoom,aoioQm/hoseio8\&C*cvmeo\6J}2-2VVY`Gwmm|
<br />Conditions of the Contract for Construction, except for purposes of this Agreement, the term "Work" shall include
<br />the work of all Contractors under the administration of the Construction Manager.
<br />§ 10.3 'l'he Owner and Construction Manager, respectively, bind theinselves, their agents, successors, assigns and
<br />legal representatives to this Agreerncnt. Neither the Owner nor the Construction Manager shall assign this
<br />Agreement the written consent of the other, except that the Owner may assign this Agreernent to a lender
<br />providing financing for the Project ilthe lender agrees to assume the Owner's rights and obligations under this
<br />Agreement.
<br />§ 10.4 If Ike Owner requests Uie Construetion Manager to exeeute certifieates, the proposed language o[such
<br />certifieates shall be subniitted to the Construetion Manager for review at least 14 days prior to the requested dates of
<br />exeeution. Ifthe Owner requests tlie Construction Manager 10 execute consents reasonably required to facilitate
<br />assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this
<br />Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days
<br />prior to exeeution. 'I'he Construetion Manager shail not be required to exeeute certificates or consents that would
<br />require knowledge, serviees or responsibilities beyond the scope ^f this Agreement.
<br />10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
<br />0!' a third party aga inst either the Owner or Conslruetion Manager.
<br />§ 10,8 Unless otherwise required in this Agreenient, the Construction Manager shall have no responsibil ty for the
<br />diseovery, prcsenee, handling, renioval or disposa! of, or exposure of persons to, hazardous niaterials or toxie
<br />suhstances in any Lan at the Project site.
<br />§ 10.7 The Construetion Manager shall have the right to inelude photographic or artistie represenlations oi' the design
<br />of the Project among the Construction Manager's promotional and professional inaterials. The Construction
<br />Manager shall be given reasonable access to the completed Project to make such representations. However, the
<br />Construction Manager's moxxio|»shal|nwindxde the Owner's confidential xl proprietary information i[ the Owner
<br />has previously advised (he Construction Manager in wniting o!' tlie speeifle inforrnation considered hy the Owner to
<br />be confidential or proprietary. The Owner shall provide professional credit for the Construction Manager in the
<br />Owner's proniotional niaterials for the Project.
<br />§108|f the Construction Manager or Owner receives information specifically designated by the other party as
<br />"confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and
<br />shall not disclose it to any other person except to (I) its employees, (2) those who need to know the content of such
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