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other projects,for additions to this Project,or for comple- 10.4 Termination Expenses include expenses directly as-
<br /> tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not I
<br /> in default under this Agreement,except by agreement in otherwise compensated, plus an amount computed as a
<br /> writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa-
<br /> tect. tion Earn p to the time of terminatio as
<br /> 0.2 Submission or distribution.to meet official regulatory .1.20 ercent if tern ination occursduring the Sche-_._._.
<br /> requirements or for other purposes in connection with the matte Design Phase;or
<br /> Project is not to be construed as publication..in derogation _.2 10 percent if termination occurs during the Design ,'
<br /> of the Architect's rights,
<br /> -=''. Development Phase;or
<br /> .__.' -- " ..3.5 percent if termination occurs during any subset-
<br /> - ARTICLE 4� - , _ :., `quiet phase.
<br /> 9,7 All claims, elk tires TRAtIher mat eis�iri-bosh on . ....%: ART(CL1 ;T _....:-:", ,- _-_~
<br /> 71,' tinless.otherwise"s ecified,this-Agreement between the parties to this Aereement E eetial or PROVISIONS- - —
<br /> _,,. '�at>.n to this Agreement theajieaeh•thereof,shalLbe_ -..- --MISCELLANEOUS PR
<br /> oracle
<br /> g shall 6e"°=
<br /> �[id6y:ailiFti lion In accordance with the Construe-
<br /> the governed-b the law Of'Mir' rinc+ ai place of business of'
<br /> tin Industry,Arbitration u es,o__t e American Arbttra- ArchUect. -
<br /> tiort.Asso.ciatiLSr,_.1 • •. .inin • . r. ,aa;es mom- 11.2 Terms in this Agreement shall have the same mean-
<br /> gyY agree otherwise.No_arb_ r�tration,arising out of or re- ing as those in AIA Document A201, General Conditions
<br /> filing to this rlgrecment s
<br /> ,� •e b consolidation, of the Contract for Construction, current as of the date
<br /> jof eekeror in a °I er_maee,e,z aA.L;d•1
<br /> ions person not of this Agreement,
<br /> a-party_to this.Agreefent-except by written consent con-
<br /> taining a specific reference to this Agreement and signed acts As between to act parties either this to this as to nt,
<br /> by the Architect,the Owner,and any other person sought acts p failures to act of limitations parry h this mmenc a to
<br /> to be joined, Any consent to arbitration involving an ad- any applicable statute of limitations shall commence to to
<br /> ditional person or persons shall not constitute consent to have and any alleged cause d all ov events n shall l e than deemed rele-
<br /> arbitration of any dispute not described therein or with vane acceuod in any and Cl events noo later than tha and
<br /> any person not named or described'therein, This Agree- to any Date of or failures sal Completion of the Work,relevant
<br /> as
<br /> ment to arbitrate and any agreement to arbitrate with an Date ono acus sta tial Cs to act occurring,not tt later thr the rdate of
<br /> additional person or persons duly consented to by the Dalc c of th Substantial Compficate,00taymr 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., 77.4 The Owner and the Architect waive all rights
<br /> 9.z Notice of the demand f. arbitr.tion shall be flied in against each other and against the contractors, consult-
<br /> writing tw d ._,Iji�_Af reemern_andwith ants,agents and employees c the other for damages set
<br /> tree Am rirara . i,•r'_r_Association, The demand shall ered by any property insurance during construction asset
<br /> Con-
<br /> be made within a reasonable time after the claim,dispute forth in the edition of AIA Document A201,General Con-
<br /> or other matter in question has arisen. In no event shall Owner current As of the date of this require The
<br /> the demand for arbitration be made after the date when Owner and the from their each shall r, coo uppnt and
<br /> institution of legal or equitable proceedings based on similar waivers from their contractors, consultants and
<br /> such claim,dispute or other matter in question would be agents.
<br /> barred by the applicable statute of limitations.
<br /> 9.3 The award rendered by the arbitrators shall be final, ARTI CLE 12
<br /> and jucTgm'enTm'ay be entered upon It�n accordance with SUCCESSORS AND ASSIGNS
<br /> applicable law in any court having jurisdiction thereof..
<br /> 12,7 The Owner and the Architect, respectively, bind
<br /> their partners, successors,
<br /> ARTICLE f0
<br /> to he other party to s assigns
<br /> anrepresentativesand al
<br /> to the partners, successors, assigns and legal representa-
<br /> TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of
<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 the written assign, sublet or ansfseany interest in this Agreement
<br /> fail substantially to perform in accordance with its terms consent of the other.
<br /> through no fault of the party initiating the termination.
<br /> 702 This Agreement may be terminated by the Owner ARTICLE CLE 73
<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 /> 10.3 In the event of termination not the fault of the Ar- 13.7 This Agreement represents the entire and integrated
<br /> chitect,the Architect shall be compensated for all services agreement between the Owner and the Architect and
<br /> performed to termination date, together with Reimburs- supersedes all prior negotiations,representations or agree-
<br /> able Expenses then due and all Termination Expenses as ments, either written or oral. This Agreement may be
<br /> defined in Paragraph 10.3. amended only by written instrument signed 6
<br /> Owner and Architect. by both
<br /> 8 8147-1977 AIA DOCUMENT PH)•olt NE;-AFCHI TEC/ACalAtEm•:11sFI LENI/I
<br /> 7HE AMLFICCs INSTtrUrt OF ARCM rECTS. ins raw YOU: AVENUE QtN W.+Yti ASHtNC
<br /> •AIAi•�79r
<br /> CTOH, D 2 WCo
<br />
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