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otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal
<br />assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a
<br />condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such
<br />steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the
<br />Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager
<br />under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the
<br />Construction Manager will contain provisions allowing for assignment to the Owner as described above.
<br />§ 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the
<br />Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order
<br />or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been
<br />terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that
<br />would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will
<br />terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs
<br />necessarily incurred by the Construction Manager because of such termination.
<br />§ 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment
<br />§ 13.2.1 Termination
<br />The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document
<br />A201-2017.
<br />§ 13.2.2 Termination by the Owner for Cause
<br />§ 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201-2017, the
<br />amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A201-2017 shall not cause the
<br />Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows:
<br />.1 Take the Cost of the Work incurred by the Construction Manager to the date of tennination;
<br />.2 Add the Construction Manager's Fee, computed upon the Cost of the Work to the date of termination at the
<br />rate stated in Section 6.1 or, if the Construction Manager' Fee is stated as a fixed sum in that Section, an
<br />amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination
<br />bears to a reasonable estimate of the probable Cost of the Work upon its completion;
<br />.3 Subtract the aggregate of previous payments made by the Owner; and
<br />.4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA
<br />Document A201-2017.
<br />§ 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the
<br />election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is
<br />not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that the Owner elects to take legal
<br />assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a
<br />condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such
<br />steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the
<br />Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager
<br />under such subcontracts or purchase orders.
<br />§ 13.2.3 Termination by the Owner for Convenience
<br />If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201-2017, then
<br />the Owner shall pay the Construction Manager a termination fee as follows:
<br />(Insert the amount of or method for determining the, fee, if an),, payable to the Construction Manager, following a
<br />termination for the Owner's convenience.)
<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 />Init. 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 trademarks of The American Institute of Architects. This document was produced at 10:24:29 ET on 21
<br />10/16/2025 under Order No.4104243742 which expires on 12/31/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with
<br />t the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (846025776)
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