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<br />AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
<br />“AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 15:11:22 ET
<br />on 07/31/2023 under Order No.3104237129 which expires on 08/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance
<br />with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (1769632854)
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<br />§ 14.2 Successors and Assigns
<br />§ 14.2.1 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and
<br />legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided
<br />in Section 14.2.2 of this Agreement, and in Section 13.2.2 of A201–2017, neither party to the Contract shall assign the
<br />Contract as a whole without written consent of the other. If either party attempts to make an assignment without such
<br />consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.
<br />§ 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing
<br />construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract
<br />Documents. The Construction Manager shall execute all consents reasonably required to facilitate the assignment.
<br />§ 14.3 Insurance and Bonds
<br />§ 14.3.1 Preconstruction Phase
<br />The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services
<br />performed under this Agreement. If any of the requirements set forth below exceed the types and limits the Construction
<br />Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost.
<br />§ 14.3.1.1 Commercial General Liability with policy limits of not less than five million ($ 5,000,000 ) for each
<br />occurrence and five million ($ 5,000,000 ) in the aggregate for bodily injury and property damage.
<br />§ 14.3.1.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Construction Manager
<br />with policy limits of not less than one million ($ 1,000,000 ) per accident for bodily injury, death of any person, and
<br />property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other
<br />statutorily required automobile coverage.
<br />§ 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and
<br />Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such
<br />primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required
<br />under Sections 14.3.1.1 and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide narrower
<br />coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through
<br />the actual payment by the underlying insurers.
<br />§ 14.3.1.4 Workers’ Compensation at statutory limits and Employers Liability with policy limits not less than one million
<br />($ 1,000,000 ) each accident, one million ($ 1,000,000 ) each employee, and one million ($ 1,000,000 ) policy limit.
<br />§ 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services,
<br />with policy limits of not less than four million ($ 4,000,000 ) per claim and four million ($ 4,000,000 ) in the
<br />aggregate.
<br />§ 14.3.1.6 Other Insurance
<br />(List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.)
<br />Coverage Limits
<br /> Umbrella Liability $20,000,000 Each Occurrence/Aggregate – will be utilized to
<br />meet General Liability requirements above.
<br />§ 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause
<br />the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the
<br />Owner as an additional insured for claims caused in whole or in part by the Construction Manager’s negligent acts or
<br />omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance
<br />policies and shall apply to both ongoing and completed operations.
<br />§ 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with
<br />the requirements in this Section 14.3.1.
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