Agenda - 06-04-1990 - Laserfiche WebLink

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except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to b} the parties to this Agreement shall be specifically enforceable in accordance with applicable law in anv court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be final and judgment may be entered upon it in accordance with applicable iaw in any court having jurisdiction thereof. ARTICLE S TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This agreement may be terminated by either party upon not less than seven days' written notice should the other party tail substantially to perform in accordance with the terms of this ,agreement through no fault of the part initiating the termination. 8.2 If the Project is suspended by the Owner for more than in consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. %X hen the Project is resumed, the Architect's compensation •hall he equi- rabh• adjusted ro provide for expenses incurred in the Interrup- tion and resumption of the architects services. 8.3 This Agreement may be terminated by the owner upon not less than seven days' written notice to the architect in the event that the Project is permanently abandoned. it the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this agreement by giving written notice. 8.4 Failure of the Owner to make payments to the architect in accordance with this Agreement shall be considered suhstantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses. the Architect may. UIN rn seven days' written notice to the Owner, suspend performance 4 ser- yices under this agreement. Unless payment in full is received by the Architect within seven days of the date of the nonce, the suspension shall take effect without further notice. In the cyent of a Suspension of services. the Architect shall have nu liability to the Owner for delay or damage caused the On net because of such suspension of services - 8.6 In the event of termination not the fault of the .architect. the Architect shall be compensated for services performed prior to termination. together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8 - 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses vyhich are directly attributable to termination. Termination Expenses shall he computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of ter- mination. as follows: 1 Twenr} percent of the total compensation for Basic and Additional Services earned to date it termination occurs before or during the predesign. site analysis. or Schematic Design Phases: or .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase: or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided. this Agreement shall he gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A20 1, General Conditions of the Con- tract for Construction. current as of the date of this Agreement. 9.3 Causes of action between the parties to this agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against rach other and against the contractors, consultants, agents and employees of the other for damages. but only to the extent cov- ered by property insurance during construction. except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction. current as of the date of this .agreement. The Owner and architect each shall require similar waivers from their contractors. consultants and agents. 9.5 The Owner and Architect, respectively. hind themselves. their partners, successors. assigns and legal represeniarivts to the other pare to this Agreement and to the partners. succes- sors, assigns and legal representatives of such other parry with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written Con- sent of the other, 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and .architect and supersedes all prior negotiations, representations or agreements. either n•nt- ten or oral. This Agreement may be amended on1v by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in Favor of a third part' against either the Owner or .architect. 9.8 Unless otherwise provided in this .agreement. the .architect and ,architect's consultants shall have no responsibility for the discovery, presence. handling, removal or disposal of or expo - Sure of persons to hazardous materials in any form at the Project site. including but not limited to asbestos, asbestos products. polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The architect shall have the right to include representa- tions of the design of the Project. including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architects materials •hall nor include the Owner's confidential or proprietary information if the Owner has previously advised the .architect in vvrinng of AIA DOCUMENT 8141 • 0INNER•ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAS • " !`�' 7 8141 -1987 THE AMERICAN I','�TITCTE OF ARCHITECTS. 1 -35 NEW YORK AVENUE. N.W., WASHINGTON. DC _n lit