Agenda - Council - 09/24/2013 - Laserfiche WebLink

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§ 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13,2.2 of A201-2007, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions: ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133T`_2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price ,2 AIA Document A201TM_2007, General Conditions of the Contract for Construction .3 AIA Document E201T"1-2007, Digital Data Protocol. Exhibit, if completed, or the following: .4 AIA Document E202T_2008, Building information Modeling Protocol Exhibit, if completed. or the following: .5 Other documents: (List other documents, if any, forming part of the Agreement) This Agreement is entered into as of the day and year first written above. OWNER (Signature) CONSTRUCTION MANAGER (Signature) (Printed natne and title) (Printed mime and title) CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. AIA Document A133T"1— 2009 (formerly A121" CMc — 2003). Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA-Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 17 distribution of this AIA` Document. or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.