Facility Construction Agreement

Exhibit 10.35 Document A141 TM - 2004 Standard Form of Agreement Between Owner and Design-Builder AGREEMENT made as of the 19th day of December in the year of 2005
(In words, indicate day, month and year) BETWEEN the Owner:
(Name, address and other information) Build-A-Bear Workshop, Inc.
a Delaware Corporation
1954 Innerbelt Business Center Drive
St. Louis, MO 63114-5760and the Design-Builder:
(Name, address and other information) Duke Construction Limited Partnership
an Indiana Limited Partnership
5600 Blazer Parkway, Ste. 100
Dublin, OH 43017For the following Project:
(Name, location and detailed description) Build-A-Bear Distribution Center Groveport, OhioThe Owner and Design-Builder agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located.
Init. AIA Document A14199 - 2004, Copyright a9 2004 by The American Institute of Architects, All rights reserved. WARNING: This AIAae Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAae 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 16:37:14 on 12/19/2005 under Order No. 1000164015_2 which expires on 2/18/2006, and is not for resale.
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TABLE OF ARTICLES 1 THE DESIGN-BUILD DOCUMENTS 2 WORK OF THIS AGREEMENT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 MISCELLANEOUS PROVISIONS 8 ENUMERATION OF THE DESIGN-BUILD DOCUMENTSTABLE OF EXHIBITS A TERMS AND CONDITIONS B DETERMINATION OF THE COST OF THE WORK C INSURANCE AND BONDS ARTICLE 1 THE DESIGN-BUILD DOCUMENTSa7 1.1 The Design-Build Documents form the Design-Build Contract. The Design-Build Documents consist of this Agreement between Owner and Design-Builder (hereinafter, the " Agreement" ) and its attached Exhibits; Addenda issued prior to execution of the Agreement; the Project Criteria, including changes to the Project Criteria proposed by the Design-Builder and accepted by the Owner, if any; the Design-Builder' s Proposal and written modifications to the Proposal accepted by the Owner, if any; other documents listed in this Agreement; and Modifications issued after execution of this Agreement. The Design-Build Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Owner, (2) between the Owner and a Contractor or Subcontractor, or (3) between any persons or entities other than the Owner and Design-Builder, including but not limited to any consultant retained by the Owner to prepare or review the Project Criteria. An enumeration of the Design-Build Documents, other than Modifications, appears in Article 8.a7 1.2 The Design-Build Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.a7 1.3 The Design-Build Contract may be amended or modified only by a Modification. A Modification is (1) a written amendment to the Design-Build Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Owner. ARTICLE 2 THE WORK OF THE DESIGN-BUILD CONTRACTa7 2.1 The Design-Builder shall Fully execute the Work described in the Design-Build Documents, except to the extent specifically indicated in the Design-Build Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETIONa7 3.1 The date of commencement of the Work shall be the date established in the Project Schedule attached to this Agreement as Exhibit B (the " Project Schedule" ). (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Init. AIA Document A14199 - 2004. Copyright a9 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIAae Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAae 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 16:37:14 on 12/19/2005 under Order No. 1000164015_2 which expires on 2/18/2006, and is not for resale. User Notes:

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(Insert Owner' s time requirements.)a7 3.2 The Contract Time shall be measured from the date of commencement, subject to adjustments of this Contract Time as provided in the Design-Build Documents.
(Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.)a7 3.3 The Design-Builder shall achieve Substantial Completion of the Work not later than the date established in the Project Schedule, Exhibit B dated December 19, 2005.
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Design-Build Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) The Project Schedule, Exhibit B, assumes that the Agreement would be executed not later than December 16, 2005. The Design-Builder shall be entitled to one additional calendar day to achieve Substantial Completion of the Work for each calendar day after December 16, 2005, until the Agreement is executed. Any additional days shall be added to the Agreement by Change Order. Portion of Work Substantial Completion Date ARTICLE 4 CONTRACT SUMa7 4.1 The Owner shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder' s performance of the Design-Build Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum in accordance with Section 4.2 below; [ ] Cost of the Work Plus Design-Builder' s Fee in accordance with Section 4.3 below; [ ] Cost of the Work Plus Design-Builder' s Fee with a Guaranteed Maximum Price in accordance with Section 4.4 below. (Based on the selection above, complete either Section 4.2, 4.3 or 4.4 below.)a74.2 STIPULATED SUMa7 4.2.1 The Stipulated Sum shall be Fourteen Million Four Hundred Thirty Four Thousand Four Hundred Ninety Four Dollars and No Cents ( $14,434,494.00 ), subject to additions and deductions as provided in the Design-Build Documents.a7 4.2.2 The Stipulated Sum is based upon the following alternates, if any, which are described in the Design-Build Documents and are hereby accepted by the Owner: Not Applicablea7 4.2.3 Unit prices, if any, are set forth in the Design-Builder' s Proposal, Exhibit D-l. Not applicable Description Units Price($0.00) Init. AIA Document A141 TM - 2004. Copyright a9 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIAae Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAae Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:37:14 on 12/19/2005 under Order No.1000164015_2 which expires on 2/18/2006, and is not for resale.
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(Paragraph deleted)a7 4.2.4 Allowances, if any, are set forth in Exhibit E. If the cost of an allowance item exceeds the cost stated therefore in Exhibit E, the Contract Sum shall be increased by the excess amount. (Identify and state the amounts of any allowances, and state whether they include labor, materials, or both) Allowance Amount ($ 0.00) Included Itemsa7 4.2.5 Assumptions or qualifications, if any, on which the Stipulated Sum is based, are set forth in Exhibit D-l to this Agreement and this clause..1 If a specific Contractor is recommended to the Owner by the Design-Builder, but the Owner requires that another bid be accepted, the additional time and expense relating to the selection and use of the substitute Contractor shall be authorized by Change Order to increase the Contract Time and the Contract Sum..2 If the Design-Builder is required to pay any new federal, state or local tax, or of any rate increase of an existing tax (except a tax on net profits) as a result of any law, rule or regulation taking effect after the date of this Agreement, the Contract Sum shall be increased by the amount of the new or increased tax..3 Intentionally omitted..4 If bids for allowances are not received within the time scheduled at the time the Contract Sum was established, due to causes beyond the Design-Builder' s reasonable control, the Contract Sum shall be increased to reflect any increase in the general level of prices occurring between the originally-scheduled date and the date on which bids are received.a7 4.3 COST OF THE WORK PLUS DESIGN-BUILDER' S FEEa74.3.1a74.3.2 (State a lump sum, percentage of Cost of the Work or other provision for determining the Design-Builder' s Fee and the method of adjustment to the Fee for changes in the Work.)a7 4.4 COST OF THE WORK PLUS DESIGN-BUILDER' S FEE WITH A GUARANTEED MAXIMUM PRICE (Paragraph deleted)a7a7 (State a lump sum, percentage of Cost of the Work or other provision for determining the Design-Builder' s Fee and the method of adjustment to the Fee for changes in the Work.)a7 4.4.3 GUARANTEED MAXIMUM PRICE
a7 (Paragraph deleted)a7 Init. AIA Document A14199 - 2004. Copyright a9 2004 by The American Institute of Architects, All fights reserved. WARNING: This AIAae Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAae 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 16:37:14 on 12/19/2005 under Order No. 1000164015_2 which expires on 2/18/2006, and is not for resale.
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(Paragraph deleted)

a7 (Paragraph deleted) Description Units Price ($ 0.00) a7 (Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.) Allowance Amount ($ 0.00) Included Items a7 (Identify the assumptions on which the Guaranteed Maximum Price is based.)a7 4.5 CHANGES IN THE WORKa7 4.5.1 Adjustments of the Contract Sum on account of changes in the Work may be determined by any of the methods listed in Article A.7 of Exhibit A, Terms and Conditions. A markup of fifteen per cent (15%) shall be included in Change Orders that increase the Contract Sum as a reasonable markup for overhead and profit of the Design/Builder provided that for each single Change Order item valued at Two Hundred Thousand Dollars and No Cents ($200,000) or more before the addition of overhead and profit, the Owner and Design-Builder shall negotiate a reasonable markup for overhead and profit for that item. (Paragraph deleted)a7 ARTICLE 5 PAYMENTSa7 5.1 PROGRESS PAYMENTSa7 5.1.1 Based upon Applications for Payment submitted to the Owner by the Design-Builder, the Owner shall make progress payments on account of the Contract Sum to the Design-Builder as provided below and elsewhere in the Design-Build Documents.a7 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,a7 5.1.3 Provided that an Application for Payment is received not later than the 10th day of month, the Owner shall make payment to the Design-Builder not later than the 25th day of the same month. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than fifteen (15 ) days after the Owner receives the Application for Payment.a7 5.1.4a7 5.1.5 With each Application for Payment the Design-Builder shall submit the most recent schedule of values in accordance with the Design-Build Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. Compensation for design services shall be shown separately. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may Init. AIA Document A141 TM - 2004. Copyright a9 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIAae Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAae 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 16:37:14 on 12/19/2005 under Order No.1000164015_2 which expires on 2/18/2006. and is not for resale.
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require. This schedule of values, unless objected to by the Owner, shall be used as a basis for reviewing the Design-Builder' s Applications for Payment.a7 5.1.6 In taking action on the Design-Builder' s Applications for Payment, the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Sections 5.1.4 or 5.1.5, or other supporting data; to have made exhaustive or continuous on-site inspections; or to have made examinations to ascertain how or for what purposes the Design-Builder has used amounts previously paid on account of the Agreement. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner' s accountants acting in the sole interest of the Owner. (Paragraph deleted)a7 5.1.7 An initial payment of Three Hundred Thousand Dollars and No Cents ($300,000) (" Initial Payment" ) shall be tendered to the Design-Builder upon the execution of this Agreement to facilitate the ordering and procurement of structural steel and precast concrete for the Project. Payment shall be credited against the Contract Sum due the Design/Builder. Once the orders for structural steel and precast concrete are placed, such Initial Payment is non-refundable to the extent of costs actually incurred in the ordering and procurement of specified materials and the cancellation of such orders.a7 5.2 PROGRESS PAYMENTS - STIPULATED SUMa7 5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.a7 5.2.2 Subject to other provisions of the Design-Build Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of (10% ) on the Work, other than services provided by design professionals and other consultants retained directly by the Design-Builder. Pending final determination of cost to the Owner of Changes in the Work, amounts not in dispute shall be included as provided in Section A.7.3.8 of Exhibit A, Terms and Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ten per cent ( 10% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Owner has withheld payment from or nullified an Application for Payment as provided in Section A.9.5 of Exhibit A, Terms and Conditions.a7 5.2.3 The progress payment amount determined in accordance with Section 5.2.2 shall be further modified under the following circumstances: .1 add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Owner shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section A.9.8.6 of Exhibit A, Terms and Conditions requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any,) .2 add, if final completion of the Work is thereafter materially delayed through no fault of the Design-Builder, any additional amounts payable in accordance with Section A.9.10.3 of Exhibit A, Terms and Conditions.a7 5.2.4 Reduction or limitation of retainage, if any, under Section 5.2.2 shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.2,2.1 and 5.2.2.2 above, and this is not explained elsewhere in the Design-Build Documents, insert here provisions for such reduction or limitation.) Init. AIA Document A14199 - 2004. Copyright a9 2004 by The American Institute of Architects. All tights reserved. WARNING: This AIAae Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAae 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 16:37:14 on 12/19/2005 under Order No.1000164015_2 which expires on 2/18/2006, and is not for resale.
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.1 Once each early finishing Contractor has completed its Work and that Work has been accepted by the Owner, the Owner shall release final retention on that portion of the Work; and .2 After the Work is fifty percent (50%) complete, the Owner shall withhold no additional retainage. 3 There shall be no retainage held on General Conditions items. .4 At Substantial Completion, the Owner shall be entitled to withhold from the payment required by a7A.9.8.6 an amount equal to one hundred fifty per cent (150%) of the value of the items on the comprehensive list submitted by the Design-Builder pursuant to a7A.9.8.2 plus the value of items disclosed by the Owner' s inspection pursuant to a7A.9.8.3. The Design-Builder may invoice for completed items no more often than monthly and shall be entitled to all unpaid retainage at Final Completion.a7 5.3 PROGRESS PAYMENTS - COST OF THE WORK PLUS A FEEa7 (Paragraph deleted) (Paragraph deleted)a7 (Paragraphs deleted)a7 a7 5.4 PROGRESS PAYMENTS COST OF THE WORK PLUS A FEE WITH A GUARANTED MAXIMUM PRICE a7a7 (Paragraph deleted) (Paragraphs deleted)a7 5.4.3 If the Owner holds retainage:a7 5.5 FINAL PAYMENTa7 5.5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Design-Builder no later than 30 days after the Design-Builder has fully performed the Design-Build Contract, including the requirements in Section A.9.10 of Exhibit A, Terms and Conditions, except for the Design-Builder' s responsibility to correct non-conforming Work discovered after final payment or to satisfy other requirements, if any, which extend beyond final payment. ARTICLE 6 DISPUTE RESOLUTIONa76.1 (Insert the name, address and other information of the individual to serve as a Neutral, If the parties do not select a Neutral, then the provisions of Section A.4.2.2 of Exhibit A. Terms and Conditions, shall apply.)a7 6.2 If the parties do not resolve their dispute through mediation pursuant to Section A.4.3 of Exhibit A, Terms and Conditions, the method of binding dispute resolution shall be the following: Init. AIA Document A141 TM - 2004, Copyright a9 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIAae Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAae 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 16:37:14 on 12/19/2005 under Order No. 1000164015_2 which expires on 2/18/2006, and is not for resale.
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(If the parties do not select a method of binding dispute resolution, then the method of binding dispute resolution shall be by litigation in a court of competent jurisdiction.)
(Check one.) [ X ] Arbitration pursuant to Section A.4.4 of Exhibit A, Terms and Conditions [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify)a7 6.3 ARBITRATIONa7 6.3.1 If Arbitration is selected by the parties as the method of binding dispute resolution, then any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration as provided in Section A.4.4 of Exhibit A, Terms and Conditions. ARTICLE 7 MISCELLANEOUS PROVISIONSa7 7.1 The Architect, other design professionals and consultants engaged by the Design-Builder shall be persons or entities duly licensed to practice their professions in the jurisdiction where the Project is located and are listed as follows: (Insert name, address, license number, relationship to Design-Builder and other information.) Name and Address License Number Other Information a7 7.2 Consultants, if any, engaged directly by the Owner, their professions and responsibilities are listed below:( Insert name, address, license number, if applicable, and responsibilities to Owner and other information.) Name and Address License Number Other Information a7 7.3 Separate contractors, if any, engaged directly by the Owner, their trades and responsibilities are listed below: (Insert name, address, license number, if applicable, responsibilities to Owner and other information.) Name and Address License Number Other Information a7 7.4 The Owner' s Designated Representative is:
(Insert name, address and other information.)a7 7.4.1 The Owner' s Designated Representative identified above shall be authorized to act on the Owner' s behalf with respect to the Project.a7 7.5 The Design-Builder' s Designated Representative is: (Insert name, address and other information.)a7 7.5.1 The Design-Builder' s Designated Representative identified above shall be authorized to act on the Design-Builder' s behalf with respect to the Project. Init. AIA Document A141 TM - 2004. Copyright a9 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIAae Document is protected by U.S. Copyright Law and International Trealies. Unauthorized reproduction or distribution of this AIAae 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 16:37:14 on 12/19/2005 under Order No. 1000164015_2 which expires on 2/18/2006, and is not for resale.
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a7 7.6 Neither the Owner' s nor the Design-Builder' s Designated Representative shall be changed without ten days written notice to the other party.a7 7.7 Other provisions:Except as otherwise provided to the contrary hereinbelow, this Agreement and the obligations of the parties hereunder are contingent upon the execution of and occurrence of a closing under that certain Real Estate Purchase Agreement of even date herewith by and between Owner, as Buyer, and Duke Realty Ohio, as Seller (the " Purchase Agreement" ), for the purchase of the property upon which the Project is to be built. In the event that (i) the Purchase Agreement is not executed by the parties thereto, or (ii) a closing under such Purchase Agreement does not occur, then this Agreement shall terminate and be and become null and void, except that Owner shall be responsible for the costs incurred by Design-Builder for the procurement of structural steel and precast concrete for the Project under Section 5.1.7 and for the Peat Remediation under Exhibit F.a7 7.7.1 Where reference is made in this Agreement to a provision of another Design-Build Document, the reference refers to that provision as amended or supplemented by other provisions of the Design-Build Document.a7 7.7.2 Payments due and unpaid under the Design-Build Contract shall bear interest from the date payment is due at the legal rate prevailing from time to time at the place where the Project is located, or in the absence thereof, LIBOR plus 3%. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner' s and Design-Builder' s principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) ARTICLE 8 ENUMERATION OF THE DESIGN-BUILD DOCUMENTSa7 8.1 The Design-Build Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:a7 8.1.1 The Agreement is this executed edition of the Standard Form of Agreement Between Owner and Design-Builder, AIA Document A141-2004.a78.1.2 (Either list applicable documents below or refer to an exhibit attached to this Agreement.) (Rows deleted)a7 8.1.3 (Either list applicable documents and their dates below or refer to an exhibit attached to this Agreement.) (Rows deleted)a7 8.1.4 The Design-Builder' s Proposal is attached to this Agreement as Exhibit D-l.(Either list applicable documents below or refer to an exhibit attached to this Agreement.)a7 8.1.5 Amendments to the Design-Builder' s Proposal, if any, are included in Exhibit D-l to this Agreement. (Either list applicable documents below or refer to an exhibit attached to this Agreement.)a7 8.1.6 The Addenda, if any, are as follows: Init. AIA Document A14199 - 2004. Copyright a9 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIAae Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAae 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 16:37:14 on 12/19/2005 under Order No.1000164015_2 which expires on 2/18/2006, and is not for resale.
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(Either list applicable documents below or refer to an exhibit attached to this Agreement.) Title of the Addenda exhibit: (Rows deleted)a7 8.1.7 Exhibit A, Terms and Conditions. (If the parties agree to substitute terms and conditions other than those contained in AIA Document A141-2004, Exhibit A, Terms and Conditions, then identify such terms and conditions and attach to this Agreement as Exhibit A.)a7 8.1.8 Exhibit B, Project Schedule. (If the parties agree to substitute a method to determine the cost of the Work other than that contained in AIA Document A1 41-2004, Exhibits, Determination of the Cost of the Work, then identify such other method to determine the cost of the Work and attach to this Agreement as Exhibit B. If the Contract Sum is a Stipulated Sum, then Exhibit B is not applicable.)a7 8.1.9 Exhibit C, Insurance and Bonds, if applicable. (Complete AIA Document A141-2004, Exhibit C, Insurance and Bonds or indicate " not applicable," )a7 8.1.10 Other documents, if any, forming part of the Design-Build Documents are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Title of the Other exhibits:
Exhibit E Allowances
Exhibit F - Pre-Acquisition Expenditure CategoriesThis Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Design-Builder and one to the Owner. Build-A-Bear Workshop, Inc. Duke Construction Limited Partnership /s/ Maxine Clark /s/ William J. DeBoer OWNER (Signature) DESlGN-BUlLDE ...