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<br /> other projects,for additions to this Project,or for comple- 10.4 Termination Expenses include 0e
<br /> • :ion of this Project by others provided the Architect is not trihutable to termination for which 1 expenses
<br /> Architlectcisynot
<br /> !: in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a
<br /> ung and with apprap�riate compensation to the Archi-
<br /> tect. percentage of the total Basic and Additional te
<br /> 8.2 Submission or distribution to aTeet official regulatory Compensa-
<br /> tion earned to the time of termination,as follows:
<br /> 1 requirements or for other purposes in connection with the
<br /> .1 m percent cif termination occurs during the Sche-
<br /> Pruject is not to be construed as publication in derogation made Design Phase;or
<br /> of the Architect's rights.
<br /> .2 10 percent if termination occurs during the Design
<br /> •
<br /> ii
<br /> Development Phase;or
<br /> ART 1 CLE 5 percent if termination occurs during any subse-
<br /> q phase.
<br /> I ARBITRATION • ARTICLE
<br /> 9.1 All claims, dispute and other matters in question , •-- -
<br /> between the parties to this Agreement, arising out of or MISCELLANEOUS PROVISIONS
<br /> relating to this Agreement or the breach thereof, shall be maY 11.1 Unless otherwise specified, this Agreement shall be
<br /> !t decided by arbitration i 'accordance with the Construe• Bovemed by the law of the principal place of business of
<br /> lion Industry Arbitration�Rules of the American Arbitra- the Architect.
<br /> lion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean•
<br /> ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions
<br /> lating to this Agreement,Ishall include, by consolidation, of the Contract for Construction, current as of the date
<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 all
<br /> leaning a specific reference to this AgreertTent and signed
<br /> by the Architect.the Owner,and any other person sought any or applicable failures t act oby f either party to this Agreement,mnc to
<br /> to be joined. Any consent to arbitration involving an ad- • run applicable egedtc•us of action shalt deemed to
<br /> tlitirtnal person or persons shall not constitute consent to run and any alleged cause of action not shall than deemed role-
<br /> arbitration of any dispute, not described therein or with have Date of in any and all events not facer than the and as
<br /> any perstrt not named ors described therein. This Agree- vent Date of Substantial Completion of the Work,and as
<br /> men( to arbitrate and any agreement to arbitrate with an to any acts to failures to act occurring after the relevant of
<br /> additional person or persons duly consented to by the vale c of the final Completion,not later than the date of
<br /> parties to this Agreement shall be specifically enforceable issuance of the final Certificate for Payment.
<br /> under the prevailing arbitration law. 11.4 The Owner and the Architect waive all rights
<br /> 9.2 Notice of the demand for arbitration shall be filed in against each other and against the contractors, consult-
<br /> 9.2 Notice the other demand for this Agreement and with ants,agents and employees of the other for damages cov-
<br /> the American Arbitration.Association. The demand shall fold by any edition of insurance during 201,tru General a as Set
<br /> n-
<br /> he made within a reasonable time after the claim,dispute forth s, the edition of AIA date of Document this Agreement.Bemen Con-
<br /> or other matter in question has arisen, In no event shall dittoes, current as of the date of Ibis Agreement. The
<br /> the other matter in question be h made arisen.after In no event
<br /> when Owner and the Architect each shall require appropriate
<br /> institution of legal or a yitable similar waivers from their canlractars,Qtonsuan and
<br /> such claim, dispute or other matter question based ou d'be agents'
<br /> barred by the applicable statute of limitations.
<br /> 9.3 The award rendered by the arbitrators shall be final, ARTIC---EE 12
<br /> and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS
<br /> applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, r_
<br /> themselves, their partners, successors, assigns and legal
<br /> ety, bind
<br /> ARTICLE 10 representatives to the other party to this Afire
<br /> to the partners, successors, assigns and legalrep represent a-
<br /> .
<br /> - lives of such other party with respect to all covenants of
<br /> TERMINATION OF AGREEMENT
<br /> 10.1 This Agreement may be terminated by either party this Agreement.Neither the Owner nor the Architect shall
<br /> upon seven days' written notice should the other party without sublet or nansfs any interest in this Agreement
<br /> fail substantially to perform in accordance with its terms +v,:hout the written consent of the other.
<br /> through no fault of the party initiating the termination.
<br /> 10.2 This Agreement may be terminated by the Owner ARTI CLE 13
<br /> upon at least seven days' written notice to the Architect
<br /> in the event that the Project)is permanently abandoned. EXTENT OF AGREEMENT
<br /> in t In the event of termtr1 is Pe not the fault of the Ar-
<br /> 10.3 I the the
<br /> Architect shall id compensated for all services a3 a This bet Agreement represents the entire and integrated
<br /> and
<br /> agreement all prior the Owner representations nd the Architect or a and
<br /> moms, all prior necoti o al. This Arem or agree-
<br /> performed to termination date, together with Reimburs-able Expenses then due and all Termination Expenses as meets, either written or oral. This Agreement may both
<br /> defined in Paragraph 10.4, amended only by written instrument signed by both
<br /> Owner and Architect.
<br /> 8 8141-1977 111E AA ERICAN INSTITUTE OF ARCH TECTS, 1735 •INEW tioge;TA ENUE, NW.,rwASNltir;tON��r ,
<br /> 1977
<br /> D.C. .0o4Y,
<br />
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