Agenda - 10-07-2008 - 4i - Laserfiche WebLink

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§ 7.zaReITRATION § 7.2.1 Any claim, dispute or other matter in question atittirrg out of or related to this Agreement sbaII be subject to arbitration. Prior to arbitration, the parties shalt urdeavor to resolve disptttea by mediation In accordance with Section 7.L. § 722 Claims, disputes and other matters in question between the parties that are net resolved by mediation shall be decided by arbitration which, unless the parties mataally agree otherwise, shall be in accordance with the Construction Industry At9sitration Rules of the American Ati>•itradon Association eturetttiy in effect. The demand for arbitration gall be filed in writing with the other party m this Agreement and with the American Arbitration Association. § 7.2,3 A demand for arbitration shall be made w'stbin a~reasonable time after the claim, dispute or other matter in question has crises. l n no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other meth in question would be based by the applicable staxuts of limitations. § 7.Rr4 No arbitration arising out of or re]ating to this Agreement shell include, by consolidation or joinder or is any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific refe2'enpE to thin Agreement and signed by ttte~Owner, Architect, and any other person or entity sought to be joined. Consent to ~bitratian involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other merrier in question not described is the written consent or with a person or entity not Wanted or described therein. T}te foregoing agreement m arbitrate and other agteemeats bo arbitrate wlth as additional person or entity duly consented to by parties to this Agreement ahaIl be specifically enforceable in accordance whit applicable law in any court having jurisdiction thereof. § 7.2.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordanoa with applicable law in any eoart having jurisdiction tbereoi; § 7.3 CLAIIIpS FOR CONSEQUENTW. DANlAt3ES The Architect and Owner waive consequential damages for claims, disputes or other matters in gttestian anising out of or relating to this Agreement, This mutual waiver is applicable, without limitation, to all consequential damages due to' either party's terminatipn in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION $ 8.1 If the Owner fails lD make payments to the ArcltiGect in accordance with this Agreement, such failure shall be considered snbstaatial nonperformance and cause for termination err, at the Arohitect's option, cause for suspension of pcrforrnanca of services under this Agreemem. If the Architect elECts to suspend services, prior to suspension of services, the Architect shalt give seven days' writlrar notice to lire Owner. In the event of a suspension of services, the Architect shall have no liability to the t?wtter for delay or damage craved the Owner because of such suspension of services. Before resuming servioes, the Architect shall be paid aI! sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for We remaining aerVicea and the time schednlea shaII be Equitably adjusted. § 8.2 If t}re Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. VYhen the Project ig resumed, the Architect shall be compensated for expenses irtetttred in the int~oruption and resumption of the Architect's services. The Arehitoct's fees for the t+emaining services and the time schedules shall be equitably adjusted. § 8.3 If the PrajECt is suspended or the Arcltttect's services arc suspended for more than 90 consecutive days, the Architect may terminate this Agreeattmt by giving not less than seven days' written notice. § SA This A.grtremeat may be terrnitlatedby either party upaua not Iesa than seven days' written notitx should the other patty fat? substantially In perform in accordance with the utsrms of this Agreenusnt through ao fault of the party initiating the terminatton. . g 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convcnieace and without cause. AIA Document x151 *a -19s7. lopyNght ~ 1874,1878,1887 and 1887 by The Amedwn Irpadrte of Arch%da. Ati rlgtrs resaru°tl. WAAP1tNIG: This AIA° inti Document ie protected 6y a.s. Copyright tie anti Intemaibrmil Treefiea Uneulhorizea reproduatlon err dtstrtbutton o1 this AIA° Doamwny or any 10 portion of it, a,sy rasWt In severe otva and crlmafsl permlges, and will be prvaeeuted to the maximum exterrt poe9arle under the ]aw. This dacuraeM Was / produ ~ AU1 software at t~19:11 on 08/1 a12008 tattier Order No.1 tiooa58709 1 whbh e~frea on s/a20o9, and [s not for resale, 12x541 User ( 40431