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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
<br /> the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction
<br /> Manager under such subcontracts or purchase orders.All Subcontracts,purchase orders and rental agreements entered
<br /> into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above.
<br /> § 13.1.4.1 If the Owner accepts assignment of subcontracts,purchase orders or rental agreements as described above,
<br /> the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract,purchase
<br /> order 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
<br /> costs 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,as revised.
<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,as
<br /> revised,the amount,if any,to be paid to the Construction Manager under Article 14 of AIA Document A201-2017,as
<br /> revised,shall not cause the Guaranteed Maximum Price to be exceeded,nor shall it exceed an amount calculated as
<br /> follows:
<br /> .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination;
<br /> .2 Add the Construction Manager's Fee,computed upon the Cost of the Work to the date of termination at
<br /> the rate stated in Section 6.1 or, if the Construction Manager' Fee is stated as a fixed sum in that Section,
<br /> an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of
<br /> termination 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,as revised.
<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
<br /> legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall,as
<br /> a 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
<br /> the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction
<br /> Manager 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,as
<br /> revised,then the Owner shall pay the Construction Manager a termination fee as follows:
<br /> (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 /> § 13.3 Suspension
<br /> The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017,as revised;in such
<br /> case,the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document
<br /> A201-2017,as revised,except that the term"profit"shall be understood to mean the Construction Manager's Fee as
<br /> described in Sections 6.1 and 6.3.5 of this Agreement.
<br /> AIA Document A133' - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The
<br /> "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 30
<br /> without permission. This draft was produced by AIA software at 13:10:24 ET on 04/22/2021 under Order No.7856855196 which expires on
<br /> 05/01/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms
<br /> of Service. To report copyright violations, e-mail copyright@aia.org.
<br /> User Notes: (1279676012)
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