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b 2 Matte IL ..onk. rel'Acs and refund., and return, :,,.in sjIv ui mNplu. niaterak and equipment .hall art tue it, dw Owner. .Intl the Cun,ourunn Manager shall make pio%wons so that they can he secured. ARTICLE 7 PAYMENTS TO THE CONSTRUCTION MANAGER 7.1 PAYMENTS ON ACCOUNT OF BASIC 511RVICES 7.1.1 An initial payment as set forth in Paragraph 15.1 is the minimum payment under this Agreement. 7.1.2 Subsequent payments for Basic 5eiviccs shall be made monthly and shall be in proportion It, services per. formed within each Phase of Services cn the basis set iorh in Article 15. 7.1.3 If and to the extent that the time initially estab- lished for the Construction Phase of the Project is ex- ceeded or extended through no fault of the Construction Alanager, compensation for Basic Services required for such extended period of Administration of the Construct lion Contract shall be computed as set forth in Paragraph 15.3 for Additional Services. 7.1.4 When compensation is based on a percentage of the total of the f-ontracl Sums of all the seplrale Con-. tracts, and any portions of the Project are deleted or, otherwise not constructed, compensation for such por- tions of the Project shall be payable to the extent services are performed on such poruons, in accordance with the schedule set forth in Subparagraph 15.2.7, based or, 11! the lov%est figures from bona fide Bids or negotiated proposals, or t21 if no such W; or proposals are received, the most recent estimate of the total of the Contract Sums of all the separate Contracts for such portions of the Project. 7.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE COSTS 7.2.1 Payments on account of the Construction Man- ager's Addtional Senices, as defined in Paragraph 1.3, and for Re' ursable Costs, as defined in Article 16, shall be made ...onthly upon presentation of the Construction Managers statement of services rendered or costs in- curred. 7.3 PAYMENTS WITHHELD 7.3.1 No deductions shall be made from the Construc- tion Manager's compensation on account of penalty, liq- uidated damages or other sums withheld from payments in Contractors, or on account of the cost of changes in Work other than those for which the Construction Man- ager is held legally liable. 7.4 PROJECT SUSPENSION OR ABANDONMENT 7.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Construction Manager shall be compensated for all services perfo-med prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Costs then due and all Termination Expenses as defined in Paragraph 10.4. If the Project is resumed after being suspended for more than three months, the Construction Manager's compvnsation shall be equitably adjusted. 7.4.2 11 construction of the Project has started and is stopped by reason of circumstances not the fault of the Cnnslruclion Managcr, the Owner shall reimburse the Construclinn Manager for the costs of the Construction Manager: IOojeez-site stall as lumlded lur by this Agree. meni. The C'unstruUmn AMnagrr shall reduce the size of the Projecl-sire staff after 30 day. delay, or soonerr ieasdlle, for the remainder of the delay period as direeli. _ by the Owner and, during that period, [he Owner shall reimburse the Construction Manager for the costs of such stars prior to reduction plus any relocation or employ- ment termination costs. Upon the termination of the stop- page. the Construclinn Manager shall provide the neces- sary Project -site staff as soon as practicable. ARTICLE 8 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS 8.1 Records of Reimbursable Costs and costs pertaining to services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 9 ARBITRATION 9.1 All claims, disputes and other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall bg decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitration Association thee. obtaining unless the parties mutually. agree othenwse. No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, any additional person not a party this Agreement except by written consent containing specific reference to this Agreement and signed by the Construction Manager, the Owner, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute con- sent to arbitration of any dispute not described therein or with any per, -n not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically en- forceable under the prevailing ai4:tration law. 9.2 Notice of demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association, and a copy shall also be filed with the Architect. The demand 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 dale when insli- tution of legal or equitable proceedings based on such claim, dispute or other matter '.- question would be barred by the applicable statute of Pmilalions. 9.3 The award rendered by the a-tl:iraiors shall be final,' and judgment may be entered upon it in accordance wdh applicable law in any cacti hawing jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be tee .a led by either part upon seven day. written notice snould the other par AIA DOCUMINT IMI . ntt N[R.CONA7KVC7111N AIANAGIK AC.KCCAI[N7 • IIML 19m [I1111UN • AIAR R TINu 1111 AMWCAN IN$ I I It n I W ANC l It l t C Is. 173'. NJ WVORK."I., N AI'. w All IINi11 IN. III, 7111Y. BBOI-1980 6