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<br /> except by written consent containing a specific reference to .2 Ten percent of the total compensation for Basic and
<br /> Ole Agreement signed by the Owner,Architect,and any other Additional Services earned to dale if termination
<br /> person or entity sought to be joined, consent to arhitratinn occurs during the Design Development Phase;or
<br /> involving an additional person or entity shall riot constitute .3 Five percent of the tote!compensation for Basic and
<br /> consent to arbitration of any claim, dispute or other matter in Additional Services earned to date if termination
<br /> question not described in the written consent or with a person occurs during any subsequent phase.
<br /> or entity not named or described therein.The foregoing agree
<br /> meet to arbitrate and other agreements to arbitrate with an
<br /> additional person or entity duly consented to by the parties to
<br /> this Agreement shalt be specifically enforceable in accordance ARTICLE q
<br /> with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS
<br /> 7.4 The award rendered by the arbitrator or arbitrators shall be
<br /> final,and jueignneat may he entered upon it in accordance with 8.1 Unless otherwise provided, this Agreement shall be gov-
<br /> applicable law in any court having jurisliclinn thereof. crncd by the law of the principal place of business of the
<br /> Architect.
<br /> 9.2 Terms in this Agreement shall have the same meaning as
<br /> AR1 lE 8 those in MA Document A201,General Conditions of the Corr
<br /> inlet for Construction current as of the date of this Agreement.
<br /> TERMINATION, SUSPEl+ig10N OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement
<br /> 0.1 ThLs Agreement may be tcnminatett by either party upon
<br /> to acts or failures to act shalt he deemed to have
<br /> not less than seven days' written notice should the other patty and the applicable statutes of limitations shall mm
<br /> fail substantially to perfurttl in accuriiance with the terms of this mence to run not later than either the date of Substantial Com-
<br /> Agreement throuaJ no fault of the party initiating the fermi nation. pletnorl for acts or failures to act cxrurring prior to Substantial
<br /> Completion,or the (kite of issuance of the final Certificate for
<br /> 8.2 IC the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial
<br /> consecutive days, the Architect shall he compensated for sex- Completion.
<br /> vices performed prior in notic.e of melt etaapereilam.When the 9.4 The Owner and Architect waive all rights agoarksc each
<br /> Project ji resumed,the Architect's compensation shall nt ctlui- other and against the contractors, consultants, agents and
<br /> c;al�lp adjusted to provide for expenses incurred in the lnterrup rmplklyens Cif ihr.,xher for damages,but only to the extent coy•
<br /> abut anti resumption of the Arehitecth Kfrvives.
<br /> eyed by property insurance during constr'uctiorl, except such
<br /> 8.3 This Agreement may be terminated by the Owner upon rights as they may have to the proceeds of such instance as set
<br /> not less than seven days'written notice to the Architect in the forth in the edition orAlA Document A201,General Conditions
<br /> event that the Prnjeet is permanently ahendnned.if the Project of the Contract for Construction,current as of the date of this
<br /> is abandoned by the Owner for more-than y0 consecutive days. Agreement.The Owner and Architect each shall require similar
<br /> the Architect may terminvite this Agreement by giving written waivers from their contractors,consukiutts and agents.
<br /> notice. 9.5 The Owner and Architect, respectively, bind themselves,
<br /> 5.4 Failure of the Owner to make payments to the Architect in their partners,succe+sors, assigns and legal representatives to
<br /> Accordance with this Agreement shall he considered.substantial the other party to this Agreement and to the partners,sucers-
<br /> noJnp rformance and cause for termination, sores,assigns and legal representatives of such other party with
<br /> 8.5 [f the Owner fails to make lYaynte nt when due the Archi- respect to all crncnanr of this Agreement, Neither Owner riot
<br /> tet t for services and expenses, the Architect may,upon 3t vr:r1 sent Architect t e to mien this Agreement without the written crm�
<br /> days'written notice to the Owner,suspend perfot mmee et ann. scrip of the Other.
<br /> vices tender this Agreement. I lnk:s'payment in full is received 9.6 This Agreement represents the attire and integrated agree-
<br /> by the Architect within severs days of the date Of the notice,the meet between the Owner and Architect and supersedes all
<br /> suspension stab take effect without further notice.in the event prior negotiations, representations or agreements, either writ-
<br /> of a suspension of services, the Architect shall have no liahtlity ten or oral. This Agreement may he amended only by written
<br /> to the Owner for delay or damage caused the Owner because instrument signed try both Owner and Architect.
<br /> of such stsspen5inn of services. 9.7 Nothing contained in this Agreement shall create a corn rat-
<br /> 8.6 in the event of termination not the faun Of the Architect, teal relationship with or a cause of action in favor of a thin!
<br /> the Architect shall he compensated for services performed prior party against either the Owner or Architect.
<br /> Ti)termination, together with Reimbursable Expense's then due
<br /> arttl all Termination Expenses as defined in Paragraph lei.7. 9•S Unless otherwise provided in this sgreement,the Architect
<br /> and Architect's consultants shall have no responsibility for the
<br /> 8.7 Termination Expenses arc in addition to compensation for discovery, presence, handling, removal or disposal of or expo-
<br /> Basic and Additional.Services,and include expenses which are sure of persons to hawardous materials in any form at the Project
<br /> directly attributabk to termination, Termination Expenses shall site, including hut not limited ro asbestos, asbestos prrtducta,
<br /> be computed as a percentage of the total caatpeneatit n for polychlorinated biphenyl(PCB)or other toxic substances
<br /> Basic Services and Additional Services earned to the time of ter-
<br /> mination, as folkows. 8.$ The Architect shalt have the right to include representa-
<br /> tions of'the design of the Project,including photographs of the
<br /> .1 Twenty percent of the total compensation for Basic exterior and interior, among the Architect's J?rnrtk)tirtrl:U and
<br /> and Additional Services earned to date if termination professional materials. The Architect's materials shall not
<br /> occurs before or during the predesign,site;inaheis;,or include the Owner's cue fidemti tl or proprietary information if
<br /> Schematic resign Phases;or the Owner has previously advised the Architect in writing of
<br /> DQtitrtrF-NT 8141 • OWNER-ARCHVTFC-r AGREEMENT• FOURTEENTH{SOITION MAID • W1907
<br /> 7 B141-1967 THE AMERICAN lamina OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,I)C 40(X16
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