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<br /> other projects, for addition‘to this Project,or for comple- 10.4 Termination Expenses include expenses directly at-
<br /> tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not
<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 I tion earned to the time of termination,as follows:
<br /> i
<br /> 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche-
<br /> requirements or for other purposes in connection with the matic 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. I Development Phase; or
<br /> i .3 5 percent if termination occurs during any subse-
<br /> ARTIICLE 9 . quent phase.
<br /> ARBITRATION Amax 11
<br /> 9.1 All claims, disputes aril other matters in question
<br /> MISCELLANEOUS PROVISIONS
<br /> between the parties to this 'Agreement, arising out of or
<br /> relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be
<br /> decided by arbitration in accordance with the Construc- governed by the law of the principal place of business of
<br /> tion Industry Arbitration Rules of the American Arbitra- the Architect.
<br /> tion Association then obtaining unless the parties mutu- 112 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, shall 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- 113 As between the parties to this Agreement: as to all
<br /> taming a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement,
<br /> by the Architect, the Owner,and any other person sought any applicable statute of limitations shall commence to
<br /> to be joined. Any consent toi arbitration involving an ad- run and any alleged cause of action shall be deemed to
<br /> ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele-
<br /> arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as
<br /> any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant
<br /> ment to arbitrate and any agr,eement to arbitrate with an Date of Substantial Completion, not later than the date of
<br /> additional person or persons duly consented to by the issuance of the final Certificate for Payment.
<br /> parties to this Agreement shall be specifically enforceable
<br /> 114 The Owner and the Architect waive all rights
<br /> under the prevailing arbitratidin law.
<br /> against each other and against the contractors, consult-
<br /> 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov-
<br /> writing with the other party to this Agreement and with ered by any property insurance during construction as set
<br /> the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con-
<br /> be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The
<br /> or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate
<br /> the demand for arbitration be made after the date when similar waivers from their contractors, consultants and
<br /> institution of legal or equitAble proceedings based on agents.
<br /> such claim, dispute or other Matter in question would be
<br /> barred by the applicable statute of limitations. ARTICLE 12
<br /> 9.3 The award rendered by the arbitrators shall be final,
<br /> and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS
<br /> applicable law in any court haying jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind
<br /> themselves, their partners, successors, assigns and legal
<br /> representatives to the other party to this Agreement and
<br /> ARTICLE 10 to the partners, successors, assigns and legal representa-
<br /> i
<br /> TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of
<br /> this Agreement. Neither the Owner nor the Architect shall
<br /> 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement
<br /> upon seven days' written notice should the other party without the written consent of the other.
<br /> fail substantially to perform iri accordance with its terms
<br /> through no fault of the party initiating the termination.
<br /> ARTICLE 13
<br /> 10.2 This Agreement may be terminated by the nwnpr
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