Init.
Type of insurance or Bond Limit of Liability or Bond Amount ($0.00)
Performance & Payment Bonds 100% of construction GMP
Automobile Liability $ 1,000,000.00 each accident
Commercial General Liability $ 1,000,000.00 each occurrence, $ 2,000,000.00 Aggregate
General Liability Umbrella $ 10,000,000.00
Property Insurance shall be by owner $ 1,000.00 deductible per occurrence
ARTICLE9 DISPUTE RESOLUTION
§ 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions
set forth in this Article 9 and Article 15 of A201—2007. However, for Claims arising from or relating to the
Construction Manager’s Preconstruction Phase services, no decision by the Initial Decision Maker shall be required
as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not
apply.
§ 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201
2007, the method of binding dispute resolution shall be as follows:
(Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute
resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than
litigation, Claims will be resolved by litigation in a court of competent jurisdiction. )
[X] Litigation in New Hampshire Superior Court Hillsborough South
{ ] Other: (Specify)
§ 9.3 Initial Decision Maker
The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007 for
Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the parties
appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker.
(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker,
if other than the Architect.)
ARTICLE10 TERMINATION OR SUSPENSION
§ 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price
§ 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this
Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience
and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days’
written notice to the Owner, for the reasons set forth in Section 14.1.1 of A201 2007.
§ 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be
equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. [n no
event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in
Section 4.1.
§ 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction
Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the
Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid
to the Construction Manager under Section 10.1.2:
1 Take the Cost of the Work incurred by the Construction Manager to the date of termination,
AIA Document A133™ — 2009 (formerly A121™CMc ~ 2003). Copyright © 1991, 2003 and 2009 by The American institute of Architects. All rights reserved.
The ‘American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may nol be used without permiss’on 16
This document was produced by AIA software at 11:15:33 ET on 05/04/2021 under Order No.4797552925 which expires on 09/23/2021, is not for resale, is
licensed for one-time use only, and may only be used in accordance wilh the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail
copyright@aia.org
User Notes: (3B9ADA4E)
