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<br />§ 8.B in the event of termination not the (milt of tbe Architect, the Architect shall be compensated for services
<br />performed prior to termination, together with Reimbursable Expenses then due and all Termination 13xpetlses as
<br />defined in 3ectian 8.7.
<br />§ 8.7 Termination Expenses are in addition W compensation for the services of the Agreement and include expenses
<br />directly atta'bnteble to termination for which die Arehitect is not otherwise compensated, plus an amoant foi the
<br />Architect's anticipated profit on the value of the services not performed by the Architect.
<br />ARTICI.>: !! MISCELLANEOUS PROVISWN3 .
<br />§ 9.1 This Agtrxrnent shall be governed by dlt law of the principal place of basiness of the Architect, amass otherwise
<br />provided in Article I2,
<br />§ 9,x Teams in dlia Agreement shall have the same rnearrutg as those In dre edition of AIA Document A7A1, General
<br />Conditions of the Contract for Constractioa, current as of the date of this Agreement.
<br />§ 9,8 Ceases of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to
<br />have accraed and the applicable statates of limitadons shall commence to ran not later dean either the data of
<br />Substantial Compledon for acts or fm7ures to act occurring prior to Sabstantial Completion or the data of issuance of
<br />the final Certificate for Payment for acts or fnllirt:s to act occurring after Substantial Comgledon. In no event shall
<br />such statutes of limitations commence to ran any later than the data when the Architect's services art suhstantially
<br />cx~mpleted.
<br />$ 9A To the extant damag8a are eoveried by property insnranco during constriction, the Owner and Architect waive all
<br />rights against each other and against the contractrns, wnsultants, agents and employees of the other far damages,
<br />except such rights as they may have to the proceeds of sack Insurance as set forth in the edition of AIA Document
<br />A201, General Conditions of the Contract for Construction, anneal as of the date of dris Agreement. The Owner or the
<br />Architect, as appropriate, shall rcgltire of the contractors, consultants, agents and employees of any of them similar
<br />waivers In favor of the other parties enamerated herein.
<br />§ 9,5 The Owner and Arohitect, respectively, bind themselves, their partners, successors, assigns and legal •
<br />representatives to the other party bo this Agreement and to the pattnets, successors, assigns and legal representatives of
<br />such other patty with respect to all covenants of this Agt+eemetrt. Neither the Owner nor xhe Architect shall assign this
<br />Agreement without the written conl~nt of the other, except thattbe Owner map assign this Agreement to an
<br />institutional lender providing financing for the Project. In such event, the lender shall sesame the Owner's rights and
<br />obligations nndtx this Agreement, The Arohitect shaII execute elf consents reasonably required to faeilltate such
<br />assigtrmenk .
<br />§ 9.8 This Agreement represents the entire and integrated agraemenR between the Owner and the Architect sad
<br />supersedes all prior negotiations, representations or agreemetrts, either written oe oral. This Agreement maybe
<br />amended only by written instrument signed by both Owner and Architect.
<br />§ 9.7Nathing contained in this Agreement shall create a congscttuti relationship with or a cause of action in favor of a
<br />third party against either the Owner m Architect.
<br />§ 9.B Unless otherwise provided in this Agreement, the Architect and Aroltitect's oonsultanta shall have no
<br />tesponsibih'ty for the discovery, presence, handling, removal or disposal of or exposure of persons to haa~rdous •
<br />materials or toxic substances in any form at the Pro jest site,
<br />§ 8.8 The Architect shall have the right to include photographic or artistic representations of the design of the Project
<br />atttong the Architect's promotional and professional materials. The Arrltitect shall be given reasonable access to the
<br />completed Project to make each representations, However, the Architect's materials shall not inclade the Owner's
<br />oonlidential or proprietary information if the Owner has previously advised the Arohitect is writing of the spedfic
<br />information considered by the Owna to be cordidentisl or proprlcxary.The Owner shall grovide professional credit for
<br />the Architect in the Owner's pmtnotionai materials far the Project. ,
<br />§ 9.101f the Owner requests the Architect to exescitte certificates, the proposed language of such certificates shall be
<br />submitted to the Architect for review at least 14 days prior to the requested dates of execution, The Architect shall not
<br />A1A Dooumant B16iTM -11387. Copyright ~ 1974, 7 976, tB67 trod 1997 hY The Assutoan Inetltuie of Arahibaoh. AIt rights ressrvad. WARNlWti: This AIA°
<br />tail, . aaoument Is protected by 11.3. Copyright Law arW Intematlonaf Treaties. Unauthor(zed reproduction w dl~lbutlon of this AIA~ DoaumeM, or any 11
<br />porllon of Il, may result in ea<*ere oNll at~d crlml~»I pahalilas, >,nd will he prosecuted to Iha madmum extent posaWla under [ho law. This doaumentwae
<br />/ ~uosd~ AIA software al 121sti i on oal18r2006 under Ordsr kai DOOS66709 1 which a~iros an ti~/2o09, end is not for resale. (1205414043)
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