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fail substantially to perrorm in accordance with its terms through no iauit or the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least tourteen davs' written notice to the Con- struction Nlanager in the event that the Projec[ is perma- nently abandoned. 10.3 In the even[ or termination not the fault or the Construction ,'vtanager, the Construction Nlanager shall be compensated for all services performed to the termina- tion date together with Reimbursable Costs then due and all Termination Expenses. 10.4 Termination Expenses are derined as Reimbursable Costs directlv attributable to termination for which the Construc[ion ,titana.aer is not otherwise compensated. 10.5 * ART1ClE 11 MISCELLANEOUS PROVIS10N5 11.1 Unless othen,vise specified, this Agreement shall be governed by the law in effect at the location of che Project. 11.2 Terms in this Agreement shall have the same mean- ing as those in the 1980 Edition of AIA Document A201/ CM, General Conditions or the Contract for Construction, Construction iManagement Edition. 11.3 As between the parties to this Agreement: as to all acts or tailures to act by either party to this Agreement, any applicabie statute of limitations shall commence to run, and any alleged cause of action shali be deemed to have accrued, in any and all events not later than the relevant Date or Substantial £ompletiom-of-the Project-, and as to any acts or railures to act occurring after the relevant Date of Substantial Completion of the Project, not later than the date of issuance of the final Project Certificate for Pavment. 11.4 The Owner and the Construction Manager waive all rights against each other, and against the contractors, consultants, agents and employees of the other, for dam- ages covered by any property insurance during construc- tion, as set forth in the 1980 Edition of AIA Document A201/C:M, General Conditions of the Contract for Con- struction, Construction tilanagement Edition. The Owner and the Construction Manager shall each require appro- priate similar waivers rrom their contractors, consultants and agents. * 10.5 Either party may terminate with thirty (30) days advance no ARTICLE 12 SUCCESSORS AND ASSiGNS 12.1 The Owner and the Construction Nlanager, respec- tively, bind themselves, their partners, successors, assigns and leoal representatives to the other party to this Agree- ment, and to the partners, successors, assigns and legal representatives or such other parry «•ith respect to all covenants of this Agreement. Neither the Owner nor the Construction htana?er shall assign, sublet or transfer any interest in this Agreement without the «•ritten consent or the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement betrveen the Owner and the Construction Mana;er and supersedes afl prior negotiations, represen- tations or agreements, either written or oral. This Agree- ment may be amended only by written instrument signed by both the Owner and the Construction Nlanager. 13.3 Nothing contained herein shall be deemed to cre- ate any contractual relationship between the Construction Manager and the Architect or any o1 the Contractors, Sub- contractors or material suppliers on the Project; nor shall anything contained in this Agreement be deemed to give any third party any claim or right of action against the Owner or the Construction Manager which does not othenvise exist without rejard to this Agreement. ARTICLE 14 INSURANCE 14.1 The Construction Manager shall purchase and maintain insurance for protection rrom claims under workers' or workmen's compensation acts; claims for damages because of bodily injury, including personal in- jury, sickness, disease or death bf any of the Construction Manager's employees or of any qerson; irom claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom; and from claims arising out or the periormance of this Agree- ment and caused by negligent acts for which the Con- struction Manager is legally liable. this contract without cause tice in writing to the other. AIA DOCUMENT 6801 • OWNER-CONSTRUCTION MANAGER .\GREEMEVT • JUNE 1980 EDITION • AIA's 7 6801 -'1980 --,1980 • THE AMERICAV INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHI`GTON, D.C. 20006