Agenda - 12-02-1985 - Laserfiche WebLink

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• other projects,for additions to this Project,or for comple- 10.4 Termination Expenses include expenses directly at- tion of this Project by others provided the Architect is not tabulable to termination for which the Architect Is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tion earned to the time of termination,as follows: 8.2 Submission or distribttion to,meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase;or Project is-not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase;or i .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION - ARTICLE 11 9.1 All claims, disputes a d other matters in question between the parties to this Agreement, arising out of or MISCELLANEOUS PROVISIONS relating to this Agreement or the breach thereof, shall a may 11.1 Unless otherwise specified,this Agreement shalt be decided by arbitration in accordance with the Construe- governed by the law of the principal place of business of un Industry Arbitration Rites of the American Arbitra- the Architect. lion Association then obtai}ring unless the parties mutu- 11.2. Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner,any additional person not of this Agreement. a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner)and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- ditional person or persons shall not constitute consent to run and any an any and al of action not latl t deemed � e. arbitration of any dispute not described therein or with vant Date of Substantial al Completion of the 1 orkh l and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant meet to arbitrate and any agreement to arbitrate with an Date of Substantial Completion,not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 11.4 The Owner and the Architect waive all rights 9.2 Notice of the demand far arbitration shall be filed in against each other and against the contractors, consult- 9.2 Notice the other demand to this t Aion shall and with ants,agents and employees of the other for damages cov- the American Arbitration Association. The demand shall ered by any property insurance during construction as set Con- be made within a reasonable'time after the claim,dispute forth s, the edition of AIA date of Document this Agreement.eenernt C he or other matter in question has arisen. In no event shall ditions, current as of the date of this Agreement. The the demand for arbitration bile made after the date when similar and the Architect each shall require Con appnts and institution of legal or equitable proceedings based on similar waivers from their contractors, consultants and such claim, dispute or other'natter in question would be agents. barred by the applicable statute of limitations. 9.3 The award rendered by the arbitrators shall be final, ARTICLE 12 and judgment may be enter° upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal ARTIC !: 10 representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of 10.1 This Agreement may be terminated AGREEMENT either party this Agreement.Neither the Owner nor the Architect shall upon seven days' written no'ice should the other party without sublet or n transfer consent t interest in this Agreement fail substantially to perform ip accordance with its terms without the written consent of the other. through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner ARTICLE 13 upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 10.3 In the event of termination not the fault of the Ar- 13.1 This Agreement represents the entire and integrated chitect,the Architect shall in be ion not the fault all services the agreement between the Owner and the Architect and performed to termination date, together with Reimburs- supersedes all prior negotiations,representations or agree- able Expenses then due and ill Termination Expenses as meend dither written or Oran This Agreement may defined in Paragraph 10.4. p amended only by written instrument signed by both Owner and Architect. 8 8141-1977 AIA DOCUMENT 5141•OWNER•AI:CIIITECT AGREEMENT•THIRTEENTH EDITION•NW 1.07•MO•01977 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVENUE, NAV., WASHINGTON. D.C. 20006 t �