S Purchasing - Corley Redfoot Zack for Engineering & Design Services for Fairview Community Park

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2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation s e deci arbitration which, unless the parties mutually agree otherwise, shall be in accordance with 1 the nstructon Industry abitration Rules of the American Arbitration Association currently in effect. The deman r arbitration shall be iile`writin �arb er party to this Agreement and with the American Arbitration ' elation. 3 �` r errand fshall be made within a reasonable time after the cl ' , dispute or ether matter in �� question has arisen. In no events' the demand for arbitration be made afte a date when institution of legal or _. equifable proceedings based on such c , dispute or other matter in on "would be barred by the applicable statute of l"tations. § 7,2.4 No arbitration arising out of or relating to this ement shall include,' by consolidation or joinder or in any other manner,_ - addrttoltaaLperson or entity not y to ement, except by written consent containing a specific refence to ,reement and si by the Owner, 'feet, and any other person or entity sought to be joined. Co tp am involvin additional person or entity s fta4,n ot constitute consent to arbitration of any claim, dispfe.:t3 o r in stion not described in the written consen with a person or entity not named or descnbedierih. TIt agreement to arbitrate and other agreements to ate with an additional person or entity duly )�enterl y par ies to this'Agreement shall be specifically enforceable co, with applicable law in any saau 'lI4'v' i to dio6pifhereof. § 7. the arbitrator or arbitrators shall be final, and judgment may be entered a it in orda e wltfi A_Wicab w in any court having jurisdiction thereof' § 7.3 CLAIMS FOR CE#N$EQUMIAL DAMAGES The Architect and s wait/ Jdonsequential damages for claims, disputes or other matters in question arising out. of or relating' "Id this Ag'r'L&emeat. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's terniitati accordance with Article 8. ARTICLE 8 TERMIN ' #i 1V QRMPENSION § &1 If the Owner fails to4nake payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonpeformance and cause for termination or, at the Architect's: o'Ptlorti cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the I event of a suspension of services, the Architect shall have a.laal;ffity to the Owner for delay or damage caused the Owner because of such suspension of services. Before t sung services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the inteff6ati6n and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedule, 11 11 be equitably adjusted. § 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When 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 remaining services and the time schedules shall be equitably adjusted. § 83 If the 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 less than seven days' written notice. § 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 with the. terms of this Agreement through no fault of the party initiating the termination. § 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 8.7. AIA Document 8151 TM' —1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 10 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org.