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(Insert the amount of or method for determining the fee, if any, payable to the Construction Manager following a
<br />termination for the Owner's convenience.)
<br />I0% of the Construction Manager's Fee that would have been earned on the estimated Cost of Work not completed at the
<br />date of termination. The estimated Cost of Work not completed shall be as documented in the Guaranteed Maximum Price
<br />Proposal and Change Orders up to the date of termination.
<br />§ 13.3 Suspension
<br />The Work may be suspended by the Owner as provided in Article. 14 of AIA Document A201-2017; in such case, the
<br />Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document
<br />A201-2017, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in
<br />Sections 6.1 and 6.3.5 of this Agreement.
<br />ARTICLE 14 MISCELLANEOUS PROVISIONS
<br />§ 14.1 Terms in this Agreement shall have the same meaning as those in A201-2017. Where reference is made in this
<br />Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that
<br />provision as amended or supplemented by other provisions of the Contract Documents.
<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 />❑ocuments. The Construction Manager shall execute all consents reasonably required to facilitate the assignment.
<br />§ 14.3Insurance 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 thi 3 Agreement. If any of the requirements set forth below exceed the types and Iimits 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 Dollars($ 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 Dollars ($1,000,000) per accident for bodily injury, death of any person,
<br />and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other
<br />statutorily required automobile coverage.
<br />§ 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and
<br />Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such
<br />primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required
<br />under Sections 14.3,Ll and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide narrower
<br />coverage than the primary policy, The excess policy shall not require the exhaustion of the underlying limits only through
<br />the actual payment by the underlying insurers.
<br />§ 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than One
<br />Hundred Thousand Dollars ($ 100,000) each accident, One Hundred Thousand Dollars ($ 100,000) each employee, and
<br />One Hundred Thousand Dollars ($ 100,000) 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 Two Million Dollars ($ 2,000,000 ) per claim and Two Million Dollars ($ 2,000,000 ) in
<br />the aggregate.
<br />Init. AIA Document A133 — 2019. Copyright ® d 1991, 2003, 2009, an2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects,"
<br />"AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16-00-21 ET on
<br />I V080023 under Order No_2114477497 which expires on 110012024, is not for resale, is licensed for one-time use only, and may only he used in accordance with 22
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