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. 63 partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. 11.1.2 The insurance required by Subparagraph mia shall be Neither Owner nor Construction Manager shall assign this written for not less than limits of liability specified in Article 14 Agreement without the written consent of the other. or required by law, whichever coverage-:is greater. Coverages, whether written on an occurrence or claims-made basis, shall 10.6 This Agreement represents the entire and integrated be maintained without interruption from date of agreement between the Owner and Construction Manager and commencement of operations under this Agreement until date supersedes all prior negotiations, representations or of final payment and termination of any coverage required to agreements, either written or oral. This Agreement may be be maintained after final payment. amended only by written instrument signed by both Owner and Construction Manager.. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER 10.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a 12.1 DIRECT PERSONNEL EXPENSE third party against either the Owner or Construction Manager. 12.1.1 Direct Personnel Expense is defined as the direct 10.8 Unless otherwise provided in this Agreement, the salaries of the Construction Manager's personnel engaged on Construction Manager and the Construction Manager's the Project and the portion of the cost of their mandatory and consultants shall have no responsibility for the discovery, customary contributions and benefits related thereto, such as presence, handling, removal or disposal of or exposure of employment taxes and other statutory employee benefits, persons to hazardous materials in any form at the Project site, insurance, sick leave, holidays,vacations, pensions and similar including but not limited to asbestos, asbestos products, contributions and benefits. polychlorinated biphenyl(PCB)or other toxic substances. 12.2 REIMBURSABLE EXPENSES ARTICLE 11 INSURANCE 12.2.1 Reimbursable Expense are in addition to compensation for Basic and Additional Services and include 11.1 CONSTRUCTION MANAGER'S LIABILITY expenses incurred by the Construction Manager and INSURANCE Construction Manager's employees and consultants in the interest of the Project, as identified in the following G�lauses. 11.1.1 The Construction Manager shall purchase from and See Exhibit III attached herewith. maintain in a company or companies lawfully authorized to do 12.2.1.1 -4 ertatien -i*en�;T-*ith 4ke- business in the jurisdiction in which the Project is located such � p insurance as will protect. the Construction Manager from IrejeEi, ems___-Hk ;;Pc10A;;-`44 akitheFized eut of town- claims set forth below which may arise out of or result from the 4ay4l '""�°ng d ' � � �d � - Construction Manager's operations under this Agreement and seEU it b al-ef "" mo having jurisdiEtion eve 4he- for which the Construction Manager may be legally liable. PrejeEt. .1 claims under workers compensation, disability benefit 12.2.1.2 Expense of postage ss aFies,- and other similar employee benefit acts which are °��ffiL ";_J. I.a�s iss handling-of PFaN%4flgs,- applicable to the operations to be performed; c " ;r "�°"R t .2 claims for damages because of bodily injury, 12.2.1.3 If authorized 4n advanEe*4he QN%qieF, expense-af- occupational sickness or disease, or death of the evet4ime NvedE Fequiring higher than r-egulaE r Construction Manager's employees; 12.2.1.4 Expense-e€ additional EeveFaae s .3 claims for damages because of bodily injury, sickness e4*4he -ir3Txee==-4 nermall)mod-` or disease, or death of any person other than the Construction Manager's employees; 12,3 PAYMENTS ON ACCOUNT OF BASIC .4 claims for damages insured by usual personal injury SERVICES liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to 12.3.1 An initial payment as set forth in Paragraph 13.1 is the employment of such person by the Construction minimum payment under this Agreement. Manager,or(2)by another person; 12.3.2 Subsequent payments for Basic Services shall be made .5 claims for damages, other than to the Work itself, monthly and, where applicable, shall be in proportion to because of injury to or destruction of tangible services performed within each phase of service,on the basis set property,including loss of use resulting therefrom; forth in Subparagraph 13.2.1. .6 claims for damages because of bodily injury,death of a 12.3.3 If and to the extent that the time initially established person or property damage arising out of ownership, in Subparagraph 13.5.1 of this Agreement is exceeded or maintenance or use of a motor vehicle. extended through no fault of the Construction Manager, O 1992-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON, D.C. 20006-5292. AIA DOCUMENT 8801/CMa - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION -AIA® -WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below.User Document: b801cmastanthony.aia--5/10/2002.AIA License Number 1005364,which expires on 1/31/2003. Electronic Format 8801/CMa-1992 9