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MAR -03 -72003 13: Q RATWIK ROSZAK MALONEY
<br />it A
<br />Conditions of the Contract for Construction, Construction
<br />Manager - Adviser Edition, current as of the date of this
<br />Agreement- The Owner and Coinstiuction Manager each shall
<br />require similar waivers from their Contractors, Architect,
<br />- tsultants, agents,, and persons or entities awarded separate
<br />itracts administered under the owner's own forces.
<br />10.5 The Owner and ConAruction Manager. tespectiveiy,
<br />bind the rnselves, their partners, successors. assigns and le al
<br />representatives to the other party to this Agreement and to t e
<br />partners, successors, assigns and legal, representatives of such
<br />other part} with respect to all covenants of this Agreement.
<br />Neither Owner nor Construction Manager shall assign this
<br />Agreement without the written consent of the other-
<br />10.6 This Agreement represents the entire and integrated
<br />agreement bekt -jeen the Owner and Construction Manager and
<br />supersedes all prior negatiations} re prewntations or
<br />agreements, either written or oral. This Agreeme rtt may be
<br />amended only by written itutrurnent signed by both Owner and
<br />Construction Manager.
<br />10.7 Clothing contained in this Agreement shall create a
<br />contractual relationship with or a cause of action in favor of a
<br />third party against either the Owner or Construction Manager.
<br />10.8 Unless oth€ revise provided in this Agreement, the
<br />Construction Manager and the Construction Manager's
<br />consultants shall have no responsibility for the discovery,
<br />presence, handling, removal or disposal of or exposure of
<br />persons to hazardous materials in any form at the Project site,
<br />including but not limited to asbestos, asbestos products,
<br />polychlortnated biphenyl (11CB) or other toxic substances.
<br />ARTICLE 1
<br />INSURANCE
<br />11.1 CONSTRUCTION MANAGER'S LIABILITY
<br />INSURANCE
<br />11.1.1 The Construction lYf anager shall purchase from and
<br />maintain in a coin p -any or companies lawfully authorized to do
<br />business in the jurisdiction in which the Project is localed such
<br />insurance as Will protect the Construction Manager from
<br />claims set forth below which may arise out of or result from the
<br />Construction Manager's operation under this Agreement and
<br />for which the Construction Manager may be legally liable.
<br />claims under workers compensation, disability benefit
<br />and other similar employee benefit acts which are
<br />applicable to the operations to be perforined;
<br />.2 claims for damages because of bodily injury,
<br />occupational sickness or disease, or death of the
<br />Construction Manager's emplayees;
<br />3 claims for damages because of bodily in ]-ury, sickness
<br />or disease, or death of any person other than the
<br />Construction Managers employees;
<br />.4 claims For damages insured by usual personal injury
<br />liability coverage which are sustained (r) by a person
<br />as a result of an offense directly or indirectly related to
<br />61 233 90036 P.13
<br />ernployrnent of such person by the Contraction
<br />Manager, or (2) by another person;
<br />.5 claims for damages, other than to the Mork itself,
<br />because of injury to or destruction of tangible
<br />property, including loss of use resulting ther+efrorn;
<br />.6 claims for damages because of bodfly injury, death of a
<br />person or property damage arising out of ownership,
<br />maintenance or use a f a motor vehicle.
<br />11.1.2 The insurance required by Subparagraph u.1.1 shall be
<br />written for not less than limits of liability speci Fed in Anicle 14
<br />or required by law, whichever coverage is greater. Coverages,
<br />whether written an an occurrence or claims -rude basis, shall
<br />be maintained without interruption korn date of
<br />cornmencernent of operations under this Agreement until date
<br />of final payment and termination of any coverage required to
<br />be maintained after final payment.
<br />ARTICLE 12
<br />PAYMENTS To THE CONSTRUCTION MANAGER
<br />12 *1 DIRECT PERSONNEL EXPENSE
<br />12,1,1 Direct personnel Expense is defined as the direct
<br />salaries of the Construction Manager's personnel engaged on
<br />the Project and the portion of the cost of their mandatory and
<br />customary contributions and benefits related thereto, such as
<br />employment taxes and other statutory employee benefits,
<br />insurance, sick leave, holidays, vacations} pensions -arid similar
<br />contributions and benefits.
<br />12.2 REIMBURSABLE EXPENSES
<br />12.2,1 Reimbursable Expense are in addition to
<br />compensation for Basic and Additional Services and include
<br />expenses incurred by the Construction Manager and
<br />Construction Manager's employees and consultants in the
<br />interest of the Project, as identified in the Following Clauses.
<br />12.2.1.1 Expense of transportation in contlection with the
<br />Project, expenses in connection with authorized out-of-town
<br />travel; long - distance communications; and fees paid for
<br />securing approval of authorities ]paving jurisdiction over the
<br />Project.
<br />12 -2.1.2 Expense of reproductions. postage, express de4verxes,
<br />electronic facsimile transmissions and handling of Drawings,
<br />Specific ations and other documents.
<br />12.2.1.3 If authorized in advance by the Owner, expense of
<br />overti me work requiring higher than regular rates.
<br />12. -1.4 Expense of additional insurance coverage or limits
<br />requested by the Owner in excess of that normally carried by
<br />the Construction Manager.
<br />12.3 PAYMENTS ON ACCOU NT OF BASIC
<br />SERVICES
<br />12.3.1 An initial payment as set forth in Paragraph 13.1 is the
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<br />rmnirnum payment under this agreement.
<br />A' R
<br />0 1992 t R AV ~ VAN RI INSTITUTE ARC , V ., WA IN N, _ - . A(A 5ocumEMT0T/U Fa
<br />�)WN ER•CONSTRU CTION MANAGER AGREEMENT - 1992 EDITION - MAO - WARNING: Unlicensed licensed photocopying violates U.S— e6pyeighf laws and
<br />.ill subject the violator to legal prosecurion. This document was electronically produced with permission of the AIA and can he reproduced in
<br />accordance with your license wirhour v,olar;on wiril the dare of expiration as noted below_ expiration as noted below. User Document: 4042(1)-
<br />45$801),aia 1!3012003, AIA License Number 1001863, which expires on 29212003.
<br />Electror3ic Format 88011CMa -1992
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