Agenda Packets - 1988/06/06 - Laserfiche WebLink

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I.,11 •uhd.uMlalt it. Pell"1111 tit attordamc "oh its term; Ilitough nu fault of the part indt,ting Ihr lerminalion. 0.2 1111, Agrermenl may he terminated by the O%vner '.In at Ivast fourteen day., willen nollto to the Con. .uclion Manager in the event that the Project is perma- nently abandoned. 10.3 In the ewcnl or termination nol the fault of the (',instruction Manager. the Cormiucllon Manage; shall be compensated for all service, performed to the termina- Imn date together Mnth Reimbursable Costs then due and ,111 Termination Lxpcnses. 1o.4 'i,rmmatlun Expenses are defined as Reimbursable Costs cirectly a ❑uhulable In terminalion for %%hich the ConAruUlnn Manager Is no: cthenvise compensated. ARTICLE 11 MISCELLANEOUS PROVISIO145 11.1 Unless otherwise specified, this Agrec.nent shall be go%emed by the lass in effect at the location of the Project. 11,2 Terms in this Agreement shall have the same mean- ing as those in the 19BU Edition of AIA Document A201i CM, General Conditions of the Contract for Construction. Construction Management Edition. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement. any applicable statute of limitations shall corimence !o inn, and any allceed cause of action shall be deemed to have accrued, in any and all events not later than the relevant Date of Subslanlirl Completion of the Project. and as to any Ac!s or failures to act occurring after the relevant Date of Substantial Completion of the Project, sl later than the date of issuance of the final Project - Cerinscale for Pas menl. 11.4 The O%%ner and the Com!ruction Manager %waive all rights against each other, and against the contr::tors, consultants, agents and employees of the other, for dam- ages covered It. am• property insurance during construc- tio,., as set forth in the 1980 Edition of AIA Document A201!Usf, General Conditions of the Contract for Con- slruclion. Construction Management Edition. The Owner and the Construcuon Manager shall each require appro- priate similar wanes from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 1 he Owner and the Constiuctiun Manager, respect mely, bind Ihemsel%es, their partners, successor, assigns and legal ropiesentalnes ;o the other party to this Agree- ment, and to the partners, successors, assigns and legal repiesenlalives of such other party with respect to all tu%cnants of this Agreement. Neither the Owner nor the Construction Manager shall : sign, sublet or transfer any interest in this Agreement MIthout the wrillen consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreer^ent bet%%een the O%%ner and the Construction ' Manager and supersedes all prior negotiations, represen lations or agreements, either written or oral. This Agree• ment may be amended only by written instrument signed . by both the CK%ner and the Construction Manager. 13.2 Nothing contained herein shall be deemed to cre- ase any contractual relationship between the Construction Manager and the Architect or any of the Contractors, Sub- - contractors or material suppliers on the Project; nor shall anything contained in this Agreement be deemed to -give any third parts- any claim or right of action against the Owner or the Construction Manager which does not otherwise exist without regard to this Agreement. ARTICLE 14 INSURANCE 14.1 The Construction Manager shall purchase and maintain insurance to! protection from claims under workers' or workmen's compensation acts; claims for damages because of bodily injury, including personal in- jury, sickness, disease or death of any of the Construction Manager's employees or of any person; from claims for damages because of injury, to or destruction of tangible property including loss of use resulting therefrom; and from claims arising out of the performance of this Agree- ment and caused by negligent acts for %which the Con- struction Manager is legally liable. AIA OOCUMINT 1101 • U%VNJ R.fON%IRUCT ION MANAGIR MAll•.n NT • jtINE IIW EOnION • AIM 7 B801-1S80 I•i'R+i•1111 AM[ NJ( AN INVnUII(11 AR0111ItIS. lili Now MUST: Ayt. N w., VVA%i 11NOON, U.C. 2"