2005 S Purchasing - Solid Waste Administration Building Architect

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.2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall b deci arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Co ction Industry Ar lion Rules of the American Arbitration Association currently in effect. The demand for ><trat'on shall be filed in writing the other party to this Agreement and with the American Arbitration Ass on. § 72.3 A demand for'arbitrato be made within a reasonable time after the clai ispute or other matter in question has arisen. In no event shat demand for arbitration be made after ate when institution of legal or equitable proceedings based on such claim, ' ute or other matter in qu n would be barred by the applicable statute of limitations. § 7.2.4 No arbitration arising out of or relating to this Ag shall include, by consolidation or joinder or in any other manner, an additional person or entity not a part s ement, except by written consent containing a specific reference to this Agreement and signed e Owner, Arc, it and any other person or entity sought to be joined. Consent to arbitration involving a ttional person or entity shall' n onstitute consent to arbitration of any claim, dispute or other matter in que ' n not described in the written consent or w erson or entity not named or described therein. The foregoi greement;,to arbitrate and other agreements to arbitrate ' an additional person or entity duly consented to parties to this Agreement shall be specifically enforceable in accor with applicable law in any court havi ' risdiction thereof. § 7.2. a award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in ordance with applicable law in any court having jurisdiction thereof. 7.3 CLAIMS FOR CONSEQUENTIAL: DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION § 8A If the Owner fails to make payments to the Architect in accordance with this Agreement, 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 services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have-no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming 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. § 82 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notioe of such suspension. When the Project is resumed, the Architect shall be compensated r 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. § 8.3 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 13151 `rm —1997. Copyright 0 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 Al a 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. 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.