Agenda - 12-11-2007-4k - Laserfiche WebLink

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1.3.7.8 If the O;vner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for revie;.v at least >.q days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knoti;riedge, serti-ices or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectivel}; bind themselves, their partners, successors, assigns and legal representatives to the other party to tlus Agreement and to the partners, stccessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. tieither the Oavner nor the Architect. shall assign this Agreemen± ;ti~ithout tl?e ;,=rit.ten consent of the other, except that the Ow=ner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the O;a=ner's rights and obligations under this Agreement.'I'he Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.6 TERNtINATION Oft SUSPENSION 1.3.8.1 If the Owner fails to make pa}~ments to the Architect in accordance ~,=ith this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, ai the Architect`s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend ser;=ices, prior to suspension of sen*ices, the Architect shaIl give seven da}=s' tivritten notice to the owner, Tr, the event of asuspension of ser;ices, the Ardhitect shall have no liabilit}= to the Owner for delay or damage caused the O;•vner because of such suspension of services. Fiefore resuuung ser;d.ces, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption arad resumption of the Architect's services. The Architect's fees far the remaining services and the time schedules shall be equitably adjusted, 1.3.8.2 If the Project is suspended b;=the Owner for more than ;a consecutive days, the Architect shall he compensated for sen~aces perfom~ed prier to notice of such suspension. ~1•'hen the Project is resumed, the Architect shall be compensated for expenses incuned in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time sd;edules shall be equitably adjusted. 1.3.8.3 If the Project is suspended or the architect's services are suspended for more than go consecutive days, the Arcl~iteci may terminate this Agreement b}=giving not Less than seven days' ;,=ritteu notice. 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' ;written notice should the other part}= fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' ~1=ritten notice to the Architect for the U;vner`s convenience ai.d ;;=labour cause. j~~i ~ 1.3.8.6 Iu the went of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together;=tall Reimbursable Expenses o, p then due and all Termination Expenses as defined in Subparagraph r.3.S.i. o. .o °a'r~',.,.~" 'o° ~ 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement AtA DOCUMENT 8141 1997 and include expenses directly attributable to termination for ;which the Architect is not otherw=ise STANDARD FORM COrmpensated, plus an amount for therlrchitect's anticipated profit on the value ofthe servicesnot AGREEMENT performed by the Architect. The American Institute of Architects 1735 New York Avenue, N.Ut, Washin;ton, D.C. 20006-5292 air?.i~€ti~!r-; Unlicensed photocopying viotafes U.S. copyright Izws and will subject the violator tc legal prosecution.