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1 § 8 .2 INSURANCE REQUIRED OF T14E OWNER § 8 .2. 1 P fepe..ty insurance : During both phases of the Pf:ejeeli, the Owner- shall puf!ehase and fnaintain liability and pr-eper-ty insufance, ineluding Waiver-s of subragation, as set foFth in Seefiens 11 .2 and 11 . 4 of A2011M 1997 . Sueh insur-anee shall be wnaen for ..t less than the fello .. ing lifnits e .. ter i ff., quifed by 1 uv .. .vvv auwaa uiv ivaiv ., au�,. aaY4 J, Vl b1YUlY , _ Deductible Per (1..our-Fenee § 8.2.2 Beilerand MaehineFy inseranee with a linin o . A ggFeguscDeductible W met ,. blanket et .. .. I ey list the ., b. ; ..em to be Fed 1 IlJ ILVL µ VLµ4L444i EJVL , § 8.3 PERFORMANCE BOND AND PAYMENT BOND § 8 .3. 1 The Construction Manager (Inse ft " ..hall " or hall . V shall furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bends nay-The—amount of theperformance bond shall be obtained-tlfough equal to One hundred twenty-five percent ( 125 .00% ) of the G nstfuetion *.�z=anager� usual ost of the cost thereof shall he inel . , Ae 1 Work as set forth in the Contract Documents . For purpose of calculating the amount of the bonds, the Cost of the Vief1 -.-Work shall exclude the cost of the bonds . The amount of eae-lrthe �ayment bond shall be equal to ( One hundred percent ( 100. 00%) of the Cost of the Work as set forth in the Contract Slim. Documents . § 8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least t" Yee ,1 ,, . .,, he fe_e the eemmeneement of anyWOFk at he Projeet ae for review prior to recordation . ARTICLE 9 MISCELLANEOUS PROVISIONS § 9 . 1 DISPUTE RESOLUTION § 9 . 1 . 1 During both the Preconstruction and Construction Phases, Claims, disputes or other matters in question between the parties to this Agreement shall be resolved as provided in Sections 4 . 3 through 4 . 6 of A2011-11 1997 A201TM- 1997 , as modified, except that, during the Preconstruction Phase, no decision by the Architect shall be a condition precedent to mediation or arbitration. § 9.2 OTHER PROVISIONS § 9.2. 1 Unless otherwise noted, the terms used in this Agreement shall have the same meaning as those in A201 TM- 1997 , General Conditions of the Contract for Construction . as modified . § 9.2.2 EXTENT OF CONTRACT This Contract, which includes this Agreement and the other documents incorporated herein by reference, 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 the Owner and Construction Manager. If anything in any document incorporated into this Agreement is inconsistent with this Agreement, this Agreement shall govern . § 9 .2. 3 OWNERSHIP AND USE OF DOCUMENTS Article 1 . 6 of A201TM-1-997 A201 TM- 1997 , as modified, shall apply to both the Preconstruction and Construction Phases . § 9.2.4 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 and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents . Except as provided 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 International Treaties. 9 Unauthorized reproduction or distribution of this document, or any portion of it, 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 17 :00:26 on 05/25/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes : (3163795107)