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MAR-0-31-2003 13:4? RATU1 I K ROSZAK MALONEY ARBITRATION $.1 Claims, disputes or ether matters, in question between • the parties to this Agreement arising out of or relating tot is Agreement or breach thereof rn il , at - i n ire subject to and deddod by arbitration in accordance with the Construction industry Arbitration Rulcs of the American Arbitration Association currently in effect untcss the parties m utu ally agree otherwise. 8.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the Arnericark .arbitration Association- A demand for arbitration shall be made within a reasonable Woe after the claim, dispute or other matter In question has arisen, In no cvctrt shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question mrould be barred by the applicable statutes of limitations. 8.3 -b- _-- - - - - -- • } 3:1P -ef: efitity tie' r->; - 6A0 h 4 eJEL-,--effid �y �� 1t �� . . . el -t4a 4* - Y ■ . ■ ■ R � R . lhapm6n. The &01 11MF- name Irafilwa-05 --es 9WHR Gb -or- memir, - - and ethe -- ■ -� -it on cam 8.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court h Zvi og jurisdiction thereof. ARTICLE 9 TERMINATION, SUSPENSION OR ABANDONMENT 9.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perforin in accordance with the terms of this Agreement through no fault of the party inhiathig the termination. 9.2 If the project is suspended by the Owner for more than 30 consecutive days, uie t,, onstructiort Manager shah be compensated for services performed prior to notice of such 10.4 Waivers of Subrogation, To the extent ins u r ,suspensioii- When the Project is resumed} lire Construction coyerl��__ 19 _-no compromised. 'ie Owner and Manager's compensation shall be equitably adjusted to provide construction Managef waive all rights against each other and for expenses incurred in the u�terrupl2on and resumption of the against the contractors, Architect, consultants, agents and Construction Mann erts services. employees of any of them, for damages, but only to the extent 9.3 This Agreement may be terminated by the Owner covered by property insurance during construction, except such upon not less than seven days' written notice to the rights as they may have to the proceeds of such insurance as set P forth in [lxc cdition of AIA Document Aac)VC Ma, General Construction Manager in the event that the project is N A HIN N, D.C. 20006-5292. AIA 00CLJME7N Ma - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIAO - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal presecurion. This dbcumear was elecrronically produced wirh permission of the AIA artd can he reproduced in accordance with your license without viGlation until the date of expirarior) as noted below, expiration as noted below. user Document: 4002(1)- 45(bSOl ).aia -- 113012003. AIA License Number 1001861 which expires on 21212003. Electronic Format 88011CMa -1992 a 6123390038 P.12 abandone(l. If the project is abandoned by the Owner for more than go consecuti'Ve days, the Construction Manager may terminate this Agreement by giving written notice. 914 Failure of the Owner to rnalte payments to the onst3uedort Manager in accordance with this Agreement shall be considered sty bstant ial nonperformance and cause for termination. 9.5 If the Owner fails to make payment when due the Construction Manager for services and expenses, the Construction Manager may: upon seven days' written notice to the owner, suspend Fe rfonnance of services under this Agreement. Unless payment in Lull is received by the Construction Manager within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of senices, the Cons,Lruction Manager shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services. 9.6 In the event of termination not the fault of the Construction Manager, the Construction Manage: shall be compensated for scrvices performed prior to termination, together with Reimbursable Expenses then due and all ` e F 1; R ia M6 am 10 i Y ■ gockgt go §t� an sing out 9f #1'7 emtnatlon-,; 9.7 Termination Expenses are those costs directly attributable to lerminat ion for which the Construction Mana ger is n of otherwise con p ensated. ARTICLE 10 MISCELLANEOUS PROVISIONS 101 unless othcn& ise provided, this Agreement Shall be governed by the law of the place where the Pro }ect is located. 10.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document AaojJCMa, General Conditions of the Contract for Construction* Construction Manager- Adviser Edition, current as of the date of this Agreement. 10.3 4e -tit i --" - toey. }- rd" RIB eftibSk ■�A A�ii.� i �F —O � Lift O ' - wrvaa +a.r�wr :: ' -ate 1 r Roe - 48 - lqa 5; kaltv -OF