Agenda - 10-20-2009 - 4j - Laserfiche WebLink

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~a `~'~~ § ~ . x Claims, disputes and other matters in question hetwecri the pw-tics than ore not. resolved by nu;diatiuu shah jbe -~ decide arbitration which, unless the parties mutually agree otherwise, shalt be in accorJance with the (_'o~~Va'tfCCion Industry Lion Rules of the American Arbitration Association currently in effect. The dc+nand for atbifi-alion shat I be filed in wasting 'th the other party to Phis Agreenu.l:t and with the American Arbitration Associ;~tifiii § 7.2.3 A demand for arbitrat shall be made within a reasonable time after the claim, d~ ute or other matter in question has arisen. In no events the demand for arbitration be made after the when institution of legal or equitable proceedings based on such c dispute or other matter in questio cold be b:u•red by the applicable statute of limitations. § 7.2.4 No arbitration arising out of or relating to this A nt shall include, by consolidation or joinder or in any other manner, an additional person or entity not a pa o thi. A reement, except by written consent containing a specific reference to this Agreement and sign the Owner, Ar ' ect, and any other person or entity sought to be joined. Consent to arbitration involving ditional person or entity s not constitute consent to arbitration of any claim, dispute or other.matter in on not described in the written consen with a person or entity not named or describecl.therein. The foreg ' agreement to arbitrate and other agreements to ar ' ate with an additional person or entity duly consented parties to this Agreement shall be specifically enforceable t cordance with applicable law in any court hav' unisdiction thereof. § 7 2+ e.avaard rendered by.the arbitrator or arbitrators shall be f"mal, and judgment may be entered u it in cordance with applicable law in any court having jurisdiction thereof '. -- § ~7.3`CLAIM$ FOR ~O~ISEQU~NTIAI. DAMAGES The Arclutect.and>Owner waive consequential damages for_claiins, disputes or other matters in question arising out of oc relating~to this ~lgreemiant:.This mutual waive~,is applicable, without limitation, to a1I consequential damages, tiutFto .: ,: ,- reither~party's tein7iilatic3n:iu acccordance with Artiele`8:" • ~j1RTICL~ 8 TERMINATION O.R SUSP~I~srb~1 § 8.1 If tlie,Ownerfails to .malce:paytnents to the Architect in accordance with this Agreement, such failure shall be cott~ird-erect: substantial nfl~;peiformance and cause for termination or, at the Architects option; cause for suspension of ' petformauce bf seiviceS under this Agreement. If the Architect elects to suspend _seivices, prior to suspension of serrne~stbe Arclitect shall Give seven days' written notice to the Owner. In the event of a suspension of services, the _ Atcluiect shall ~ia~ezrto liability to the Owner for delay or damage caused th~Owner because of such suspension of services. B-ef4r~ re§urliii~lg _services, the Architect shall be paid all sums due prior to suspension and any expenses inciyrred ip.the iitferrtzptaon and resumption of the Architect's services. The Architect's fees for the remaining services -:and the toile schedgles.shall be equitably adjusted. • $~L If the Pro3ects suspended by the Owner-for more than 30 consecutive days, the Architect shall be compensated for. seirvtces pe~•fo>s'pned prior to notice of such suspension. When the Project is resuir~d, the Architect shall be compensated far e~Cpenses~~rxrec~in the interruption and resumption:of the Architect's services. The Architect's fees for the reniaining~ 5ervi'ces atiil:the time schedules shall be equitably adjusted. ,; =w § $:3"If41e Project is suspended or the Architect's services are suspended for more than 90 consecutive.days, the Architect may'terminate this Agreement-by giving not Iess than.seven days' written notice. >' --~ r. § $.4 This Agreement may be terminated by either party t>~:t><ot less than seven days' written notice should the other `. party fail substantially to perform in accordance ~i~tal~rms'of this-Agreement through no fault of the p,, tii~ating _ thttiermination. ~~~ ~. ~z ~, ~~ .: ~ w _ ~ 8 5 This Agreementmay be termi~nat~d ~y the Ownet• upon not-less than seven days' written,~itttc~'.the Architect for •• ~_, the Owner s_epnlcenience an~t~'~1>;cLut~ause~. ~ ~ - t ~ ~ § B S Iz[ this e~+~fi~of terrrunation not the fault of:the Architect, file Architect shhlfi compensated for services perfortried prt9r tea teaxl4iti~tio~t, tdi'~ether with Reimbursable Expenses then due and 2~I~ttnation Expenses as defined in Section .-. ~- AIA Document-815f TM -1997. Copyright.p 1974, 1978, 1887, and 1997'by The Ameri~an.lnstitute of Ancfiitects. Alt rights reserved. WARNING: This AIA®Document Is protected by U.S. Copyright Law and International Treaties: Unsuthorized reproduction or distrfbution.of this AIA•Document, or any portion of it, may result in severe civil and criminal penaRies, and will be prosecuted to the maximum extent possible under the law. ~ ~ Purchasers are permitted to reproduce ten {7 Ol copies of this document when completed. To report copydgM violations of AIA.Contrad Documents, a-mail The American Institute of Architects' legal counsel, copyright@aia.org.