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  2. Finance Committee - Agenda - 12/1/2021 - P128

Finance Committee - Agenda - 12/1/2021 - P128

By dnadmin on Mon, 11/07/2022 - 13:51
Document Date
Wed, 11/24/2021 - 13:16
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/01/2021 - 00:00
Page Number
128
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120120…

Init.

§ 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 A133-2009, 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 A201-2007, General Conditions of the Contract for Construction
3. AIA Document E201™ 2007, Digital Data Protocol Exhibit, if completed, or the following:

4 AIA Document E202™ 2008, Building Information Modeling Protocol Exhibit, if completed, or the
following:

5 Other documents:
(List other documents, if any, forming part of the Agreement.)

List bid documents
(These will all be summarized on Attachment A once deve

This Agreement is entered into as of the day and year first written aboye Ss

OWNER(Signature) ‘0 yp a ¢
Wu/ > STU.

(Printed name and title) (Printed name and title)

PRE SCO

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 not be used without permission
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 with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail

copyright@aia.org.
User Notes: (3B9ADA4E)

18

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Finance Committee - Agenda - 12/1/2021 - P128

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