2004 S Purchasing- Contract with Corley Redfoot Zack (CRZ) for Design Services for West Ten Soccer Park

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in accordance with the Construction Industry Arbitration Rules of the American Arbitratiop- 14F— M Ass ation currently in effect. The demand for arbitration shall be filed in Zclaim, er party to is Agreement and with the American Arbitration Association. 7.2.3 A deman or arbitration shall be made within a reasonable time te or other matter in qu tion has arisen. In no event shall the demand for a er the date when institution f legal or equitable proceedings based on ch claim, dispute or other matter in question would be red by the applicable statute of " itations. 7.2.4 No arbitration arising out of lv or joinder or in any other manner, an a< except by written consent containing a Owner, Architect, and any other persoi to this reement shall include, by consolidation 111 son or entity not a party to this Agreement, reference to this Agreement and signed by the tit y ught to be joined. Consent to arbitration involving an additional person or e " y shall not cons ' to consent to arbitration of any claim, dispute or other matter in que on not described in the tten consent or with a person or entity not named or desc b therein. The foregoing agreement arbitrate and other agreements to arbitrate with an a tional person or entity duly consented to arties to this Agreement shall be specifical nforceable in accordance with applicable law in any rt having jurisdiction thereof. Che award rendered by the arbitrator or arbitrators shall be final, and judgm t may be 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. 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. 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. ®1997 A I A 0 AIA DOCUMENT B151 -1997 ABBREVIATED OWNER - 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 substantial) to perform in accordance with the terms of this of 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.