|
Init.
<br />§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of
<br />the Work exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with the
<br />Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and
<br />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 Owner's
<br />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 Owner
<br />warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright
<br />owner of such information or has permission from the copyright owner to transmit such information for its use on the
<br />Project. If the Owner and Construction Manager intend to transmit Instruments of Service or any other information or
<br />documentation in digital form, they shall endeavor to establish necessary protocols governing such 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 Ageement in accordance with the requirements of
<br />the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but
<br />in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Construction
<br />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 />§ 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner's officers and employees
<br />harmless from and against damages, losses and judgments arising from 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 negligent
<br />acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional
<br />services under this Agreement. The Construction Manager's duty to indemnify the Owner under this provision shall be
<br />limited to the available proceeds of insurance coverage.
<br />§ 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes or other matters in
<br />question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all
<br />consequential damages due to either party's termination of this Agreement, except as specifically provided in Section
<br />9.7.
<br />(Paragraphs deleted)
<br />§ 8.2.4, The method of binding dispute resolution shall be the following:
<br />(Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute
<br />resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation,
<br />the dispute will be resolved in a court of competent jurisdiction)
<br />[ ] Arbitration pursuant to Section 8.3 of this Agreement
<br />AIA Document C1327'1 - 2009 �tonnerly 8801 TMCM8 - 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute or Architects. All rights
<br />reserved. WARNING: This /.IA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
<br />this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under 1w
<br />tno law. This document was produced by AIA software at 10:12:33 on 12/18/2013 under Order No.1645001270 1 which expires on 10/17/2014, and is not for
<br />resale. 16
<br />User Notes:
<br />(1400123506)
<br />
|