1997 S Architectural Services Re Skills Development Center

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fail substantially to perform in accordance with the terms of this ditions of the Contract for Construction, current as of the date Agreement through no fault of the party initiating the ter- of this Agreement. The Owner and Architect each shall require mination. similar waivers from their contractors, consultants and agents. 6.2 If the Project is suspended by the Owner for more than 30 9.5 The Owner and Architect, respectively, bind themselves, consecutive days, the Architect shall be compensated for ser- their partners, successors, assigns and legal representatives to vices performed prior to notice of such suspension. When the the other party to this Agreement and to the partners, suc- Project is resumed,the Architect's compensation shall be equit- cessors, assigns and legal representatives of such other party ably adjusted to provide for expenses incurred in the interrup- with respect to all covenants of this Agreement.Neither Owner tion and resumption of the Architect's services. nor Architect shall assign this Agreement without the written 8.3 This Agreement may be terminated by the Owner upon consent of the other. not less than seven days' written notice to the Architect in the 9.6 This Agreement represents the entire and integrated agree- event that the Project is permanently abandoned.If the Project ment between the Owner and Architect and supersedes all is abandoned by the Owner for more than 90 consecutive days, prior negotiations, representations or agreements, either writ- the Architect may terminate this Agreement by giving written ten or oral. This Agreement may be amended only by written notice. instrument signed by both Owner and Architect. 8.4 Failure of the Owner to make payments to the Architect in 9.7 Nothing contained in this Agreement shall create a contrac- accordance with this Agreement shall be considered substantial tual relationship with or a cause of action in favor of a third nonperformance and cause for termination. party against either the Owner or Architect. 8.5 If the Owner fails to make payment when due the Archi- 9.8 The Architect and Architect's consultants shall have no tect for services and expenses, the Architect may, upon seven responsibility for the discovery,presence,handling,removal or days'written notice to the Owner,suspend performance of ser- disposal of or exposure of persons to hazardous materials in vices under this Agreement. Unless payment in full is received any form at the Project site, including but not limited to by the Architect within seven days of the date of the notice,the asbestos,asbestos products,polychlorinated biphenyl(PCB)or suspension shall take effect without further notice.In the event other toxic substances. 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. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior ARTICLE 10 to termination,together with Reimbursable Expenses then due PAYMENTS TO THE ARCHITECT and all Termination Expenses. 8.7 Termination Expenses are in addition to compensation for 10,1 DIRECT PERSONNEL EXPENSE Basic and Additional Services,and include expenses which are directly attributable to termination. 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick ARTICLE 9 leave, holidays, vacations, pensions and similar contributions MISCELLANEOUS PROVISIONS and benefits. 10.2 REIMBURSABLE EXPENSES 9.1 Unless otherwise provided, this Agreement shall be gov- 10.2.1 Reimbursable Expenses include expenses incurred by erned by the law of the principal place of business of the the Architect in the interest of the Project for: Architect. 9.2 Terms in this Agreement shall have the same meaning as •1 expense of transportation and living expenses in con- those in AIA Document A201, General Conditions of the Con- n with out-of-town travel authorized by the Owne tract for Construction,current as of the date of this Agreement. Owner; .2 long-distance communications; 9.3 Causes of action between the parties to this Agreement ,3 fees paid for securing approval of authorities having pertaining to acts or failures to act shall be deemed to have jurisdiction over the Project; accrued and the applicable statutes of limitations shall com- •4 reproductions; mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial 5 postage and handling of Drawings and Specifications; Completion, or the date of issuance of the final Certificate for .6 expense of overtime work requiring higher than regu- Payment for acts or failures to act occurring after Substantial lar rates, if authorized by the Owner;. Completion. .7 renderings and models requested by the Owner; 9.4 The Owner and Architect waive all rights against each .8 expense of additional insurance coverage or limits, other and against the contractors, consultants, agents and including professional liability insurance, requested employees of the other for damages, but only to the extent by the Owner in excess of that normally carried by covered by property insurance during construction, except the Architect and Architect's consultants; and such rights as they may have to the proceeds of such insurance .9 expense Of C0111ptItCL-aided w1anddral-LU—ir, as set forth in the edition of AIA Document A201,General Con AIA DOCUMENT B161•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©1987 5 8151.1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C. 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution.