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AIA Document A133® - 2019 <br />Standard Form of Agreement Between Owner and Construction Manager as Constructor <br />where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum <br />Price <br />[ « » ] Arbitration pursuant to Article 15 of AIA Document A201-2017 <br />[ X] Litigation in a court of competent jurisdiction <br />[ �i s> ] Other: (Specify) <br />If the Owner and Construction Manager do not select a method of binding dispute resolution, or <br />do not subsequently agree in writing to a binding dispute resolution method other than litigation, <br />Claims will be resolved by litigation in a court of competent jurisdiction. <br />ARTICLE 13 TERMINATION OR SUSPENSION <br />§ 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment <br />§ 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the <br />Guaranteed Maximum Price, the Owner may terminate this Agreement upon not less than seven <br />days' written notice to the Construction Manager, and the Construction Manager may terminate <br />this Agreement, upon not less than seven days' written notice to the Owner. <br />§ 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1, the <br />Construction Manager shall be compensated for Preconstruction Phase services and Work <br />performed prior to receipt of a notice of termination, in accordance with the terms of this <br />Agreement. In no event shall the Construction Manager's compensation under this Section <br />exceed the compensation set forth in Section 5.1. <br />§ 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may <br />terminate this Agreement upon not less than seven days' written notice to the Construction <br />Manager for the Owner's convenience and without cause, and the Construction Manager may <br />terminate this Agreement, upon not less than seven days' written notice to the Owner, for the <br />reasons set forth in Article 14 of A201-2017. <br />§ 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the <br />Construction Manager shall be equitably compensated for Preconstruction Phase services and <br />Work performed prior to receipt of a notice of termination. In no event shall the Construction <br />Manager's compensation under this Section exceed the compensation set forth in Section 5.1. <br />§ 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the <br />commencement of the Construction Phase but prior to the execution of the Guaranteed <br />Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount <br />IA Document A133 - 2019. Copyright 1991' 2003, 2009, and 2019. All rights reserved. "The American Institute of O rf <br />Axc hitect s," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 32 <br />American Institute of Architects. This draft was produced at 08: 52:26 ET on 10/li/2023 under Order No. 2119977997 which <br />expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the <br />AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts. com. <br />User Notes: <br />