|
62
<br /> Arbitration Rules of the American Arbitration Association be considered substantial nonperformance and
<br /> currently in effect unless the parties mutually agree otherwise. termination.
<br /> 8.2 Demand for arbitration shall be filed in writing with 9.5 If the Owner fails to make payment when due the
<br /> the other party to this Agreement and with the American Construction Manager for services and expenses, the
<br /> Arbitration Association. A demand for arbitration shall be Construction Manager may, upon seven days'written notice to
<br /> made within a reasonable time after the claim,dispute or other the Owner, suspend performance of services under this
<br /> matter in question has arisen. In no event shall the demand for Agreement. Unless payment in full is received by the
<br /> arbitration be made after the date when institution of legal or Construction Manager within seven days of the date of the
<br /> equitable proceedings based on such claim, dispute or other notice, the suspension shall take effect without further notice.
<br /> matter in question would be barred by the applicable statutes of In the event of a suspension of services, the Construction
<br /> limitations. Manager shall have no liability to the Owner for delay or
<br /> damage caused to the Owner because of such suspension of
<br /> 8.3 No arbitration arising out of or relating to this services.
<br /> Agreement shall include, by consolidation, joinder or in any
<br /> other manner,an additional person or entity not a party to this 9.6 In the event of termination not the fault of the
<br /> Agreement, except by written consent containing a specific Construction ,Manager, the Construction Manager shall be
<br /> reference to this Agreement signed by the Owner,Construction compensated for services performed prior to termination,
<br /> Manager, and any other person or entity sought to be joined. together with Reimbursable Expenses then due and all
<br /> Consent to arbitration involving an additional person or entity Termination Expenses as defined in Paragraph 9.7.
<br /> shall not constitute consent to arbitration of any claim,dispute
<br /> or other matter in question not described in the written consent 9.7 Termination Expenses are those costs directly
<br /> or with a person or entity not named or described therein. The attributable to termination for which the Construction
<br /> foregoing agreement to arbitrate and other agreements to Manager is not otherwise compensated.
<br /> arbitrate with an additional person or entity duly consented to ARTICLE 10
<br /> by the parties to this Agreement shall be specifically enforceable
<br /> in accordance with applicable law in any court having MISCELLANEOUS PROVISIONS
<br /> jurisdiction thereof. 10.1 Unless otherwise provided, this Agreement shall be
<br /> 8.4 The award rendered by the arbitrator or arbitrators governed by the law of the place where the Project is located.
<br /> shall be final, and judgment may be entered upon it in 10.2 Terms in this Agreement shall have the same meaning
<br /> accordance with applicable law in any court having jurisdiction as those in the edition of AIA Document A2oi/CMa, General
<br /> thereof.
<br /> Conditions of the Contract for Construction, Construction
<br /> ARTICLE 9 Manager-Adviser Edition, current as of the date of this
<br /> TERMINATION, SUSPENSION OR Agreement.
<br /> ABANDONMENT 10.3 Causes of action between the parties to this
<br /> 9.1 This Agreement may be terminated by either .party Agreement pertaining to acts or failures to act shall be deemed
<br /> upon not less than seven days' written notice should the other to have accrued and the applicable statutes of limitations shall
<br /> party fail substantially to perform in accordance with the terms commence to run not later than either the date of Substantial
<br /> of this Agreement through no fault of the party initiating the Completion for acts or failures to act occurring prior to
<br /> termination. Substantial Completion, or the date of issuance of the final
<br /> Project Certificate for Payment for acts or failures to act
<br /> 9.2 If the Project is suspended by the Owner for more occurring after Substantial Completion.
<br /> than 30 consecutive days, the Construction Manager shall be 10.4 Waivers of Subrogation. The Owner and
<br /> compensated for services performed prior to notice of such Construction Manager waive all rights against each other and
<br /> suspension. When the Project is resumed, the Construction against the Contractors, Architect, consultants, agents and
<br /> Manager's compensation shall be equitably adjusted to provide employees of any of them, for damages, but only to the extent
<br /> for expenses incurred in the interruption and resumption of the covered by property insurance during construction,except such
<br /> Construction Manager's services. rights as they may have to the proceeds of such insurance as set
<br /> 9.3 This Agreement may be terminated by the Owner forth in the edition of AIA Document A2oi/CMa, General
<br /> upon not less than seven days' written notice to the Conditions of the Contract for Construction, Construction
<br /> Construction Manager in the event that the Project is Manager-Adviser Edition, current as of the date of this
<br /> permanently abandoned. If the Project is abandoned by the Agreement. The Owner and Construction Manager each shall
<br /> Owner for more than 90 consecutive days, the Construction require similar waivers from their Contractors, Architect,
<br /> Manager may terminate this Agreement by giving written consultants, agents, and persons or entities awarded separate
<br /> notice. contracts administered under the Owner's own forces.
<br /> 9.4 Failure of the Owner to make payments to the 10.5 The Owner and Construction Manager, respectively,
<br /> Construction Manager in accordance with this Agreement shall bind themselves, their partners, successors, assigns and legal
<br /> representatives to the other party to this Agreement and to the
<br /> O 1992-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON, D.C. 20006-5292.AIA DOCUMENT 8801 7CMa
<br /> -OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION -AIAO -WARNING: Unlicensed photocopying violates U.S. copyright laws and
<br /> will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in
<br /> accordance with your license without violation until the date of expiration as noted below.User Document: b801cmastanthony.aia--5/10/2002.AIA
<br /> License Number 1005364,which expires on 1/31/2003.
<br /> Electronic Format B801/CMa-1992
<br /> 8
<br />
|