2010-031c AMS - Corley, Redfoot and Zack Link remodeling contract

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2.2-Claims;disputes and other matters in question between he parties that are not resolved by mediation shay decl by arbitration which,unless the parties mutually agree otherwise,shall be in accordance with the C struction Industry �wrnitiith ules of the American Arbitration Association currently in effect.The demand fo itration shall be filed in the other party to this Agreement and with the American Arbitration Ass tion, ' III A�lemand for arbitra' shall be made within a reasonable time after the clai rspute or other matter in question has arisen.In no events the demand for arbitration be made after t ate when institution of legal or equitable proceedings based on such c dispute or other matter in ques would..be barred by the applicable statute I of limitations. 7.2.4 No arbitration arising out of or relating to this A ent shall include,b consolidation or joinder or in an I Id I § g g Y J _Y IIIIIIIi other manner;an additional,person or entity not a p to this Cement,'except by written consent containing a specific refeence to this Agreement and signe y the Owner,Arcln t, and any other person or entity sought to be joined Consent_to arbitration involving dditional person or entity sha t constitute consent to arbitration of any claim,dispute or othdift r in qu on not described in the written consent or th a person or entity not named or described therein.Theforego agreement to arbitrate and other agreements to arbitr with an additional person or entity duly consented to pat•Ities to this Agreement shall be specifically enforceable in ac c ance with applicable law in;an court havin' ' risdictioln thereof. y ill Iu I 7 a VIII `e dered t e arbitrator r t e final a d'u judgment may be entered upon it' 2 5 aw rd r n b h o arbitrators shall b n d m I § YI J g Y p a dance wLth:apphcable law'in any court having,Jurisdiction thereof. A 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 Ito this Agreement:This mutual waiver is"applicable;without limitation,to all consequential damages due to either party's tl rminatidi llrl accordance with Article 8. I ,, II uplIIIIII, ARTICLE 8 ;'III TERM'INA'TION QR SUSPENSION §8.1 If the dwner fails tollllrrlahe payinenfs to the Architect m accordance with this Agreement,such failure shall be consdered`substantal nonperformance and cause for termination or,at the Architect's,option,cause for suspension of pgrpMUWC of sere ces 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 r46 inability to the Owner for delay or damage caused the"Owner because of such suspension of services Befote resuming:'services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in tfiel irit"!rruptioln and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall bee equitably adjusted. q Y J - 6$.2 If the Protect 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 incurredm 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. §II1811II!91I!ITf the Project is suspended or the Architect's services are suspended for more than 90 consecutive days,the I AAA 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 II 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' rru ' IT e mi nation Expenses as defined in Section n P nor to tenatro n t ther 1 th eim bursab 1 `E x e n es then due and al I.I.: I _ I 'L.0 II II 8.7. AIA Document B151 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, 1 O 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.