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6.2 Trade discounts, rebates and refunds, and returns from sale of surplus ma[erials and equipment shall accrue to the Owner, and the Construction iManager shall make provisions so chat they can be secured. ARTICLE 7 PAYMENTS TO THE CONSTRUCTION MANAGER 7,1 PAYMENTS ON ACCOUNT OE BASIC SERVICES 71' 1 1 a 'r' I C r• l, o. PL. ;g :r t . 7.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- iormed within each Phase of Services, on the basis set forth in Article 15. 7.13 If and to the extent that the time initially estab- lished for the Construction Phase of the Project is ex- ceeded or extended through no fault of the Construction Manager, compensation for Basic Services required for such extended period of Administration of the Construc- tion Contract shall be com'puted as set rorth in Paragraph 15.3 for Additional Services. 7.1.4 When compensation is based on a percentage of the total of the Contract Sums of all the separa[e Con- tracts, and any portions of the Project are dele[ed or otherwise not construc[ed, compensation for such por- tions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 15.2.1, based on (1) the lowest figures irom bona ride Bids or negotiated proposals, or (2) if no such Bids or proposals are received, the most ------- fecent estimate of the total of the Contract Sums of all the separate Contracts for such portions of the Project. 7.2 D?AV\ACAITTrTLT'?TvS (1A1 \P'1'/1IIAIT !_7LA11r1?T?/?????i v?rrreCC?'e+'m'?rrR7'v'rrr'vr ^^-^ GCnvIGrc ANQ-4tEiMBbRSABI:E .. ayments on account of the Construction Man- ager's Ad i Services, as defined in Paragraph 1.3, and for Reimbursable Co , iArticle l6, shall be made monthly upon 1 the Construction ??lanager's statement e costs in- curred. 7,3 PAYMENTS WITHHELD 7.3.1 No deductions shall be made from the Construc- tion Manager's compensation on account of penalty, liq- uidated damages or other sums withheld from payments to Contractors, or on account of [he cost of changes in Work other than those ror which the Construction Man- ager is held legally liable. 7,4 PROJECT SUSPENSION OR ABANDONMEfdT 7.4.1 If the Project is suspended or abandoned in whole or in part ror more than three months, the Construction Manager shall be compensated for all services performed prior to receipt of rvritten notice from the Owner of such suspension or abandonment, together with Reimbursable Costs then due and all Termination Expenses as defined in Paragrapn 10.4. If the Project is resumed after being suspended for more than three months, the Construction Manager's compensation shall be equitably adjusted. 7.4.2 If construction of the Project has started and is stopped by reason of circumstances not the fault of the Construction Manager, the Owner shali reimburse the Construction Manager for the costs of the Construction Manager's Project-site staff as provided for by this Agree- ment. The Construction Nlanager shall reduce the size of the Project-site starr aiter 30 days' delay, or sooner if feasible, for the remainder of the delay period as directed by the Owner and, during that period, the Owner shall reimburse the Construction Manager for the costs of such staff prior to reduction plus any relocation or employ- ment termination costs. Upon the termination of the stop- page, the Construction Manager shall provide the neces- sary Project-site stan as soon as practicable. ARTICLE 8 CONSTRUCTION MANAGER'S ACCOUNTiNG RECORDS 8.7 Records of Reimbursable Costs and costs pertaining to services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 9 ARBITRATION 9.1 All claims, disputes and o[her matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree othenvise. No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Construction Manager, the Owner, and any other person sought to be joined. Any consent to arbitration invoiving an additional person or persons shall not constitute con- sent to arbitration of any dispute not described therein or with any person not named o`r described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically en- forceable under the prevailing arbitration law. 9.2 Notice of demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association, and a copy shall also be filed with the Architect. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitracion be made after the date when insti- tution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party AIA DOCUMENT 6801 • OW"JER-COVSTRUCTIO`J MANAGER AGREEMENT • JUNE 1980 EDITION • AIA"9 OO 1980 • THE .4.MERICAN ItiSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.15'., WASHINGTON, D.C. 20006 6801 -1980 6