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" other projects, for additions to this Project, or for comple- 10A Termination Expenses include expenses directly a,
<br /> tion of this Project by others provided the Architect is not tributable to termination for which the Architect is nc
<br /> in default under this :agreement, except by agrvemerrt in otherwise compensated. plus an amount computed as
<br /> writing and with appropriate compensation to the Archi- percentage o Basic and \ lifi l npensr
<br /> t o the t me oftermination, follows:
<br /> sect' ,1 20 percent if termination occurs during the Sche
<br /> 8,2 Submission or distribution to meet official regulatory P
<br /> requirements or for other purposes in connection %%ith the matic resign Phase; or
<br /> Project is not to be construed as publication in derogation 2 De percent if termination occurs during the Desig
<br /> of the Architect's rights
<br /> .3 5 percent if termination occurs during any subs(
<br /> quent phase
<br /> ARTICLE 9
<br /> ARBITRATION
<br /> ARTi---- CLE 11
<br /> 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS
<br /> between the parties to this Agreement, arising out of or 11.1 Unless otherwise specified, this Agreement shall b
<br /> relating to this Agreement or the breach thereof, shall be governed by the taw of the principal place of business s
<br /> decided by arbitration in accordance with the Construc- the Architect
<br /> Lion Industry Arbitration Rules of the American Arbitra-
<br /> tion Association then obtaining unless the parties. 11.2 Terms in this Agreement shall have the saute meal
<br /> ally agree athen+ise. No arbitration, arising out of or re- ing as those in AIA ['document A201, General Conditioi
<br /> lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the da
<br /> joinder or in any other manner, any additional person not of this Agreement•
<br /> a party to this Agreement except by written consent con- 11,3 As between the parties to this Agreement: as to
<br /> taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreeme€
<br /> by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence
<br /> to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed
<br /> ditional person or persons shall not constitute consent to have accrued in any and all events not later than the re
<br /> arbitration of any dispute not described therein or with vant Bate of Substantial Completion of the Work. and
<br /> any person not named or described therein, This Agree- to any acts or €ailures to act occurring after the relevz
<br /> ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date
<br /> additional person or persons duly consented to by the issuance of the final Certificate for Payment,
<br /> parties to this Agreement shall be specifically enforceable 11A The Owner and the Architect waive all rig]
<br /> under the prevailing arbitration law against each other and against the contractors, cons€.
<br /> 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cr
<br /> writing with the other party to this Agreement and with red by any property insurance during construction as
<br /> the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Cc
<br /> be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. T
<br /> or other matter in question has arisen, In no event shall Owner and the Architect each shall require appropri;
<br /> the demand for arbitration be made after the date when similar waivers from their contractors, consultants a
<br /> institution of legal or equitable proceedings based on agents
<br /> such claim, dispute or other matter in question would be
<br /> barred by the applicable statute of limitations. ARTICLE 12
<br /> 9.3 The award rendered by the arbitrators shall be final. SUCCESSORS AND ASSIGNS
<br /> and judgment may be entered upon it in accordance with
<br /> applicable law in any court having jurisdiction thereof. 12,1 The Owner and the Architect, respectively, bi
<br /> themselves, their partners, successors, assigns and le
<br /> representatives to the other party to this Agreement a
<br /> ARTICLE 10 to the partners, successors, assigns and legal represen
<br /> TERMINATION OF AGREEMENT tives of such other party with respect to all covenants
<br /> this Agreement. Neither the Owner nor the Architect sF
<br /> 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreem,
<br /> upon seven days' written notice should the other party without the written consent of the other,
<br /> fail substantially to perform in accordance with its terms
<br /> through no fault of the party initiating the termination. ARTICLE 13
<br /> 112 This Agreement may be terminated by the Owner
<br /> upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT
<br /> in the event that the Project is permanently abandoned. 131 This Agreement represents the entire and integra
<br /> 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect
<br /> chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agr
<br /> performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may
<br /> able Expenses then due and all Termination Expenses as amended only by written instrument signed by b
<br /> defined in Paragraph '10 4, Owner and Architect.
<br /> AIA DOCUMENT 6141 1 o++•NEB AaC>a€rtc;A.cREt�rs�r • rlrir;rtE�tfi Eta€r�c3,�: ;�:�• .e:: AIA-
<br /> 8 8141-1977 THE AWRICA,` €NSTiTt,rt or ARCHITECTS. =735 .kiEk% YOftK AVENUE, NAY, WASHJ€,CTON, 0 c,,2
<br />
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