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I § 8.2. 1 Drnnefty insurance ; Deduetible Der /1.,euFfenee § 8.2.2 ;�=lerMrid Mac-hiner3 ,wrenee with a limit oh Aggregate Deductible (If meta blanket pelk-)�, list the objem to be insur-eti ) § 8.3 PERFORMANCE BOND AND PAYMENT BOND § 8.3. 1 The Construction Manager (Inert " ..hall " Of " shall °` shall furnish bonds covering faithful perft rmance of the Contract and payment of obligations arising thereunder. Bondsxray-The amount of the erformance b nd shall be obtained,-tl eeg#eegual to One hundred twenty-five percent ( 125 .00%) of the Genstfuefien Manager' s worse;an& Cost of the Work as set forth in the Contract Documents. Fomi rose of calculating the amount' of the bonds , the Cost of the Work shall exclude the cost of the ale-bonds. The amount of each-the payment bond shall be, equal to (—�-One hundred percent ( 100.00%) of the Cost of the Work as set forth in the Contract'Surn-Documents . I` § 8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least dwee ,lays befef-e he site.for review prior to recordation. ARTICLE 9 MISCELLANEOUS PROVISIONS § 91 DISPUTE RESOLUTION § 9, 1 .1 1 During:both the 'Preconstruction and Construction Phases, Claims, disputes or other matters in ques on between the parties to this Agreement shall be resolved as provided in Sections 4.3 through 4.6 of A201 097 A201114--1997 , as modified, except that, during the Preconstruction Phase, no decision by the Architect shall be a condition precedent to .mediation. § 9.2 OTHER PROVISIONS ( ' § 9.2.1 illnless otherwise noted, the terms used in this Agreement shall have the same meaning as those in 201TM- 1997 , General Conditions of the Contract for £enstmetien . Construction, as modified. § 9 a 2.2 EXTENT OF CONTRACT This Contract, which includes this Agreement and the other documents incorporated herein by reference, r presents 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 the Owner and Construction Manager. If anything in any document incorporated into this Agreement is inconsistent with this Agreement, this Agreement shall govern. §1 9.2.3 'OWNERSHIP AND USE OF DOCUMENTS IArticle 1 . 6 of ' 291T"'—�.9 , A201TM- 1997 , as modified, shall apply to both the Preconstruction and Construction Phases . § 9.2A GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located . § 9.2.5 ASSIGNMENT The Owner and Construction Manager respectively bind themselves, their partners, successors, assigns anc legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other partyin respect; to covenants, agreements and obligations contained in the Contract Documents. Except as rovided in Section 13 .212 of A201T11- 1997 , as modified, 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 con ent, that party shall nevertheless remain legally responsible for all obligations under the Contract. AIA Document A121 TMCMc - 2003 and AGC Document 565. Copyright ® 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING : This document is protected by U.S. Copyright Law and Internatiollaf Treaties. 19 Unauthorized reproduction or distribution of this document, or any portion of 1% may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1250:12 on 04/19/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes: ( 1413727908) 1