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13 <br />Revised 06/21 <br />may have been amended. The Designer specifically agrees to incorporate the provisions of this paragraph in all contracts for the services <br />of Designer's Consultants. The Owner agrees that the Designer may retain one set of drawings for its records. <br />11.3.5 Should this Agreement be terminated, the Owner shall, nevertheless, have the right to require the Designer and its Consultants <br />to perform such additional effort as may be necessary to provide professionally certified and sealed drawings and to deliver to the <br />Owner such certified and sealed drawings with respect to any phase or item of the project, for which effort the Designer shall be <br />compensated in accordance with this Agreement. Upon request of the Owner, the Designer shall submit to Owner all relevant <br />documentation, including but not limited to, job cost records, to support its claims for final compensation. <br />11.4 Suspension <br />11.4.1 The Owner may, in writing, order the Designer to suspend, delay or interrupt all or any part of its Services on the Project for the <br />convenience of Owner. <br />11.4.2 In the event the Designer believes that any suspension, delay or interruption of any or all of the Work on the Project, may <br />require an extension of the duration of Basic Services or an increase in the level of staffing by Designer, it shall so notify the Owner and <br />propose an amendment of the Key Milestone Listing for consideration of the Owner. Such amendment or extension shall be effective <br />only upon the written approval of the Owner, which will not be withheld unreasonably. <br />11.4.3 A suspension, delay or interruption of the Project shall not terminate this Agreement; provided, however, that if such <br />suspension, delay or interruption causes a suspension of the Designer's services for a period exceeding ninety (90) days, the Designer's <br />compensation for Basic Services may be equitably adjusted upon mutual agreement of the parties. <br />11.5 Waiver <br />11.5.1 The payment of any sums by the Owner under this Agreement or the failure of the Owner to require compliance by the Designer <br />with any provisions of this Agreement or the waiver by the Owner of any breach of this Agreement shall not constitute a waiver of any <br />claim for damages by the Owner for any breach of this Agreement or a waiver of any other required compliance with this Agreement by <br />the Designer. <br />11.5.2 Owner and Designer mutually waive any claim against each other for consequential damages. Consequential Damages include: <br /> A. Damages incurred by Owner for loss of use, income, financing, or business. <br /> B. Damages incurred by Designer for office expenses, including personnel, loss of financing, profit, income, business, <br />damage to reputation, or any other non-direct damages. <br />ARTICLE 12 <br />ADDITIONAL PROVISIONS <br />12.1 Confidentiality <br />12.1.1 The Designer and its Consultants shall use their best efforts not to disclose or permit the disclosure of any confidential <br />information relating to the Project, except to its agents, employees and other Consultants who need such confidential information in <br />order to properly perform their duties relative to this Agreement. <br />DocuSign Envelope ID: 3D4D20DD-E384-4780-B168-B7B2CCA4B00B