2004 S Purchasing - Corley Redfoot Zack Inc & Orange County for Parks Operation Base & Storage Facility

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be in accordance with the Construction Industry Arbitration Rules of the American Arbitratio As iation currently in effect. The demand for arbitration shall be filed in writing with th er party to s Agreement and with the American Arbitration Association. 7.2.3 A demand rbitration shall be made within a reasonable time a the claim, dispute or other matter in quests as arisen. In no event shall the demand f arbitration be made after the date when institution of le or equitable proceedings base n such claim, dispute or other matter in question would be barred he applicable statu f limitations. 7.2.4 No arbitration arising out of or relating is Agreement shall include, by consolidation or joinder or in any other manner, an adds ' nal pers or entity not a party to this Agreement, except by written consent containin specific reference this Agreement and signed by the Owner, Architect, and any othe erson or entity sought to be ' fined. Consent to arbitration involving an additional pe or entity shall not constitute consent t bitration of any claim, dispute or other mat in question not described in the written consent b with a person or entity not name4ofdescribed therein. The foregoing agreement to arbitrate and of agreements to arbitrate >th an additional person or entity duly consented to by parties to this ement shall vecifically enforceable in accordance with applicable law in any court having jurisdic 7.2.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance 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 consequencial damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 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. k1Q 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 I' 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 e c schedules shall be equitably adjusted. C� 8.3 If the Project is suspended or the Architect's services are suspended for more than go 01997 A I A consecutive days, the Architect may terminate this Agreement by giving not less than seven days' AIA DOCUMENT 8151 -1997 ABBREVIATED OWNER - written notice. ARCHITECT AGREEMENT 8.4 This Agreement may be terminated by either party upon not less than seven days' written The American Institute notice should the other art fail substantially to perform in accordance with the terms of this 17 Architects party y P 1735 New York Avenue, N.W. Agreement through no fault of the party initiating the termination. Washington, D.C. 20006 -5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.