NS Contract - Brockwell & Associates Inc & Engineered Designs Inc Design Co Campus Bldgs

Browse Search

1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least rq days prior to the requested dates of execution. The Architect shall not ne required to execute certificates that v,~ouhd require kno~.~ledge, ser~zces or responsibilities beyond the scope of this Agreement. 13.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representa'~ives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement.:tieither the Owner nor the Architect shall assign this Agreement ~zthout the ~,~ritten consent of the other, except that the Owner may assign this Agreement to an institutional lender pro~riding financing for the Project. In such event, the lender shall assume the Uvnei s rights and obligations under this Agreement.'1'he Architect shall execute alt consents reasonably required to facilitate such assignment. 1.3.6 TERMINATION OR SUSpENS10N 1.3.8.1 If the Owner fails to make payrr-ents to the Architect in accordance with this Agreetnenl, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend ser~zces, prior to suspension of ser~*ices, the Architect shall give seven days' written notice to the owner, 1n the event of a suspension of services, the Architect shat! have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resunung services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. • 13.81 If the Project is suspended by the Owner for more than ,o consec~,~tive days, the Architect shall be compensated for sen~ces performed prior to notice of such suspension. bVhen the Project is resumed, the Architect. shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remauiirtg~ services acid the time schedules shall be equitably adjusted. 13.83 If the Project is suspended or the Architect's services are suspended for more than >o consecutive days, the Arcratect may terminate this Agreement by giving not less than seven days' written notice. t3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance e,~ith the terms of this Agreement through no fault of the party initiating the terrination. 1.3.8.5 This Agreement may be terminated by the Or~mer upon not hess than seven days written notice to the Architect for the U~vner's convenience and ~+~ithout cause. 13.8.6 In the event of termination not the fault of the Architect, the Architect shall be t~j' compensated Eor sen-ices performed prior to termination, together with Reimbursable Expenses 0 o then due and aL Termination Fa-penses as defined in Subparagraph 1.3.8.7. 00.E-~- .DO ' ~ 13.8.7 Termination Expenses are in addition to compensation for the services of the Agreement O 1 9 9 7 a i a m and include expenses directly attributable to termination for which the Architect is not otherwise AtA DOCUMENT 81411997 compensated, plus an amount for the Architect's anticipated pro&i on the value of the services not STANpARD FORM AGREEMENT performed by the Architect. The American Instit~!e of Architects 1735 New YorR Avenue, N.V.l. Washini;ton, D.C. 20006-5292 ;ir.-'.CSC*~~-.: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.