Agenda - 03-19-1985 - Laserfiche WebLink

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• ` r;�, - . • • - 6.2 In .no w event shall the demand for arbitration be .2 10 percent if termination occurs during the Con- made after the date when institution of legal or equitable - struction Documents Phase,or • proceedings based on such claim, dispute or other matter . 5 percent if termination occurs during any subse- in question would be barred by the applicable statute of quent phase. . limitations. ,. • • _ 6.3 The award rendered by the arbitrators shall be • ARTICLE 8 .• • final,and judgment may be entered upon it in accordance • • MISCELLANEOUS PROVISIONS with applicable law in any court having jurisdiction thereof. 8.1 This Agreement shall be governed by the law of . the principal place of business of the Architect. • 8.2 As between the parties to this Agreement:as to all ARTICLE 7 acts or failures to act by either party to this Agreement, • TERMINATION OF AGREEMENT any applicable statute of limitations shall commence to 7.1 This Agreement may be terminated by either party run and any alleged cause•of action shall be deemed to g Y Y P have accrued in any and all events not later than the upon seven days' written notice should the other party relevant Date of Substantial Completion of the Work,and fail substantially to perform in accordance with its terms as to ar.y acts or failures tb act occurring after the relevant • through no fault of the party initiating the termination. Date of Substantial Completion,not.later than the date of 7.2 This Agreement may be terminated by the Owner issuance of the final Certificate for Payment. upon,at least seven days' written notice to the Architect 8.3 The Owner and the Architect, respectively, bind in the event that the Project is permanently abandoned, themselves, their partners,,successors, assigns and legal 7.3 In the event of termination not the fault of the representatives to the other party to this Agreement.and Architect, the Architect shall be compensated for all to the partners, successors, assigns and legal representa- services performed to termination date, together with Re- tive• of such party with respect to all covenants of this irnbursable Expenses then due and all Termination Ex- Agreement. Neither the Owner nor the Architect shall penses as defined in Paragraph 7.4. assign, sublet or transfer any interest in this Agreement . 7,4 • Termination Expenses include expenses directly at- without the written consent of the other. tributabie to termination for which the Architect is not 8.4 This Agreement represents the entire and irate- • otherwise compensated, plus an amount computed as a grated agreement between the.Owner and the Architect . perce stage of the total compensation earned to the time and supersedes all prior negotiations, representations or of termination, as follows: agreements,either written or oral.This Agreement may be - .1 20 percent if termination occurs during the Design amended only by written instrument signed by both Phase, or Owner and Architect. • • • . -AMA DOCUMENT 5151 • A55REVIATED OWNER-ARCHITECT AG EE::ENT • IUNE 1978 EDITION • AI-,, 5 1x151-1978 0 1978•1HE AMERICAN INStITUTE OF ARCHITECTS,173$ NEW YORK AVENUE, N..V., WASHINGTON. D.C. 2.0•C;