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with the fixed limit.The providing of such service shall be or extended through no fault of the Architect, ccmpensa <br /> the limit of the Architect's responsibility arising from the lion for any Basic Services required for such extendcc <br /> establishment of such fixed limit. and having done so, the period of -\dministration of the Construction Contraci <br /> Architect shall be entitled to compensation for all ser\ices shall be computed as set forth in Paragraph 1•4 4 for Addi- <br /> performed, in accordance with this Agreement, whether tioral Services <br /> or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of <br /> Construction Bost, and any portions of the Project are <br /> ARTICLE 4 deleted or other\s ise not constructed, compensation for <br /> DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent <br /> services are performed'on such portions, in accordance <br /> 4,1 Direct Personnel Expense is defined as the direct sal- ,%ith the schedule set forth in Subparagraph 14 y 2, based <br /> aries of all the Architect's personnel engaged on the Proj-; on 0J the Io«es€ bona fide bid or negotiated proposal cr, <br /> ect, and the portion of the cost of their mandatory and t:1 if no such bid or proposal is received, the most recent <br /> customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti- <br /> as employment taxes and other statutory employee bene• mate of Construction Cost for such portions of the Project. <br /> Fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF <br /> and similar contributions and benefits. ADDITIONAL SERVICES <br /> ARTICLE S 6.2.1 Payments on account of the Architect's Additional <br /> Services as defined in Paragraph 1 7 and for Reimbursable <br /> REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly <br /> 5.7 Reimbursable Expenses are in addition to the Cam- upon presentation of the Architect's statement of services <br /> pensation for Basic and Additional Services and include rendered or expenses incurred. <br /> actual expenditures made by the Architect and the Archi• 6.3 PAYMENTS LVITHHELD <br /> tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's <br /> Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damagEs <br /> paragraphs: or other sums withheld from payments to contractors, or <br /> 5.1.1 Expense of transportation in connection with the on account of the cost of chances in tl�e Work °lher than <br /> Project, living expenses in connection with out-of-town those for which the Architect is Feld legally liable. <br /> travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION <br /> securing approval of authorities having jurisdiction over <br /> the Project. 6,41 if the Project is suspended or abandoned in whole <br /> or in part for more than three months. the Architect shall <br /> 5.7.2 Expense of reproductions, postage and handling of <br /> Drawings, Specifications and other documents, excluding be compensated for all services performed prior to receipt <br /> reproductions for the orifice use of the Architect and the °T written notice from the (owner of such suspension or <br /> p abandonment, together with Reimbursable Expenses then <br /> Architect's consultants due and all Termination Expenses as defined in Paragraph <br /> 5.1.3 Expense of data processing and photographic pro- 10 4. If the Project is resumed after being suspended for <br /> duction techniques when used in connection with Addi- more than three months. the Architect's compensation <br /> tional Services. shall be equitably adjusted. <br /> 5.14 If authorized in advance by the Owner, expense of <br /> overtime work requiring higher than regular rates. ARTICLE 7 <br /> 5.7.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS <br /> quested by the Owner <br /> 5.1.6 Expense of any additional insurance coverage or 2.1 Records of Reimbursable Expenses and expenses per. <br /> limits, including professional liability insurance, requested taming to Additional Services and services performed on <br /> by the Owner in excess or that normally carried by the the basis of a Nlultipfe of Direct Personnel Expense shall <br /> Architect and the Architect's consultants, be kept on the basis of generally accepted accounting <br /> principles and shaff be available to the Owner or the <br /> ARTICLE 5 Owner's authorized representative at mutually convenient <br /> limes. <br /> PAYMENTS TO THE ARCHITECT ARTICLE g <br /> 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES <br /> 6.1.1 An initial payment as set forth in Paragraph 141 is OWNERSHIP AND USE OF DOCUMENTS <br /> the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv- <br /> 6.1.2 Subsequent payments for Basic Services shall be ice are and shall remain the property of the Architect <br /> made monthly and shall be in proportion to services per- whether the Project for which they are made is executed <br /> formed within each Phase of services, on the basis set or not., The Owner shall be permitted to retain copies, in- <br /> forth in Article 14. eluding reproducible copies, of Drawings and Specifica.. <br /> 6.1.3 If and tq the extent that the Contract Time initially Ownerr''s ruse ndtoccupancy oef the connection tProect The DraN%ines <br /> established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on <br /> MA DC?Cl1MENT 0741 • OMSI ARCHITECT ACRCE•MENT • THIR7EENTIJ Ea€TiVN , )LAY 797" AW4 . <br /> THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVENUE. N w., WASH€NC7;N. °.C,2T#)OiT6 <br /> 6147.1977 7 <br />