1999-044-CONSTRUCTION CONTRACT PARIS SANTA FE FRISCO RAILROAD DEPOT REHABILITATION PROJECT, CSJ #0901-29-012

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~ of them, except the Construction Manager's and Owner's record set, shalt be returned or suitably accounted for to the Architect, on request at the completion of the Project. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Construction Manager, are for use solely.with respect to this Project.. The Construction Manager is granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the perfonnance of the Construction Manager's services under this Agreement. B. Alt copies made under this liceuse shalt bear the statutory copyright notice, if any, shown on the Dmwings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet officiat regutatory requirements or for other purposes in connection with this Project is not to be constructed as publication in derogation of the Architect's copyright or other reserved rights. VI. ALTERNATIVE DISPUTE RESOLUTION A. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shalt be submitted to mediation. B. Demand for a mediator shalt be filed in writing with the other party to this Agreement. A demand for a mediator 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 a mediator be made after the date when institution oflegaJ or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. C. No mediator arising out of or relating to this Agreement shalt include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement. except by written consent containing a specific reference to this Agreement signed by the Owner, Construction Manager, and any other person or entity sought to be joined. Consent to a mediator involving an additional person or entity shall not constitute consent to a mediator of any claim. dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to a mediator and other agreements to a mediator with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable by the District Court jurisdiction thereof. VII. TERMINATION, SUSPENSION OR ABANDONMENT A. This Agreement may be tenninated by either party upon not less than seven days written notice should the other party fail substantialty to perfonn in accordance with the tenns of this Agreement through no fault of the party initiating the tennination. B. If the Project is suspended by the Owner for more than 30 consecutive days, the Construction Manager shall be compensated for services perfonned prior to notice of such suspension. When the Project is resumed, the Construction Manager's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Construction Manager's services. C. This Agreement may be tenninated by the Owner upon not less than seven day's written notice to the Construction Manager in the event that the Project is pennanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days. the Construction Manager may tenninate this Agreement by giving written notice. D. Failure of the Owner to make payments to the Construction manager in accordance with this Agreement shalt be considered substantial nonperfonnance and cause for tennination. Construction Manager Contract Page 9