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<br />'. <br /> <br />~ <br /> <br />3. <br /> <br />Payments on account of the Construction Manager's Reimbursable Expenses shall be made <br />monthly upon presentation of the Construction Manager's statement of services rendered <br />or expenses incurred. <br /> <br />C. Accounting <br /> <br />t. Accounting for the Project shall be perfonned by the Owner. <br /> <br />2. The Construction Manager shall report all expenses, costs, estimates, bid tabulations, and <br />any other financial infonnation as soon as practical to the Financial Officer for the Owner. <br /> <br />3. The Construction Manager shall be paid as contract labor and shall be furnished by Owner <br />with an IRS FORM 1099 at the regular time to report compensation, as required by law. <br /> <br />D. No deductions shall be made from the Construction Manager's compensation on account of penalty, <br />liquidated damages or other sums withheld from payments to Contractors, or on account of the cost <br />of changes in Work other than those for which the Construction Manager has been found to be liable <br />by a court of competent jurisdiction. <br /> <br />IX. MISCELLANEOUS PROVISIONS <br /> <br />A. Unless otherwise provided, this Agreement shall be governed by the law of the place where the <br />Project is located. <br /> <br />B. Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be <br />deemed to have accrued and the applicable statutes of limitations shall commence to run not later <br />than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial <br />Completion, or the date of issuance of the final Project Certificate for Payment for acts or failures <br />to act occurring after Substantial Completion. <br /> <br />C. The Owner and Construction Manager waive all rights against each other and against the <br />Contrnctors, Architect, consultants. agents and employees of any of them. for damages, but only to <br />the extent covered by property insurance during construction, except such rights as they may have <br />to the proceeds of such insurance. The Owner and Construction Manager each shall require similar <br />waivers from their Contractors, Architect, consultants, agents, and persons or entities awarded <br />separate contracts administered under the Owner's own forces. <br /> <br />D. The Owner and Construction Manager, respectively, bind themselves, their partners, successors, <br />assigns and legal representatives to the other party to this Agreement and to the partners, successors, <br />assigns and legal representatives of such other party with respect to all covenants of this Agreement. <br />Neither Owner nor Construction Manager shall assign this Agreement without the written consent <br />of the other. <br /> <br />E. This Agreement represents the entire and integrated agreement between the Owner and Construction <br />Manager and supersedes all prior negotiations, representations or agreements, either written or oral. <br />This Agreement may be amended only by written instnunent signed by both Owner and Construction <br />Manager. <br /> <br />F. Should any part of this Agreement be held by a court of competent jurisdiction to be void for any <br />reason, it shall not void the entire agreement. <br /> <br />Construction Manager Contract <br /> <br />Page 11 <br />