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2003_0331_packet
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2003_0331_packet
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03 /2 7/ 0 3 TINt} 13: 21 FAX 612 645 0 213 A_NKENY <br />7.1 At the ner's sot n cai.ms, disputes 0�' <br />other matters in question between the parties to this Agreement <br />arising out of or reliating to this Agreement or breach thereo <br />me <br />y -be subject to and decided by arbitration ` <br />accordance,%ith the Construction Industry Arbitration Rules o f <br />the American Arbitration Association currently ire affect uii lesg <br />the parties mutually agree otherwise. <br />7.2 Demand for arbitration shall be riled in writhig iv <br />the other party to this Agreement and m4th the Amencarp <br />Arbitratielt Association. A demand for arbitration shad I <br />made Nvithtn a reasonable tirne after the claim, dispute or other, <br />matter in question has arisen. In no event ,shall the dernand fa <br />arbitration be made after tl)e date when institution of legal or <br />- equitable proceedings based on such claim, dispute or oilier! <br />matter in question would be barred by the applicable statuLes u <br />limitations. <br />� i <br />l.3 a � -C�r Matt -to - <br />a LEI 961 l ' <br />. ` <br />■ 1 <br />f 1r� T1-- af�T /i i ■ <br />rhittlr ' . <br />�t � wi t 1. <br />1JUwasout a! <br />' eTft -to <br />1 - -�11 JY ki+ ILA .l <br />Sri -t-lr T <br />- - �YSIiYwi ■MY -ift ' COM <br />Should owner deqide to rt <br />bi ra <br />the alai Lutesr pAhcr Matters in quostioa ten <br />parties of this.Agreement purgw ant to P areLa rah h 7.1 <br />Man the pgftlas agree to idate or a n <br />additional person.Qr entity not a pady to this Agreg <br />to the r fion if tKat additional 12ers rt--or entit <br />1 <br />olved i n an issues of f r laver isle the <br />Parties' dis , <br />7.4 The award rendered by the arbitrator or arbitrators <br />shall be final, and judgment may be entered upon it in <br />accordance with applicable law in any court having j� u risdxct ion <br />thereof, <br />ARTICLE 8 <br />TERMI NATIONg SUSK14SION OR ABANDONMENT <br />8.1 This Avreernew. may be terminated b ei then art <br />l{ELL ARC ITECTS PA Q 0 0 9 <br />Shall be equitably adjusted to provide for expenses incutTed iii <br />the interruption and resumption of the Arcltitect's ser�rices. <br />8.3 This Agteemeilt may he terminated 1 the owner <br />upon riot less than seven d ays' writteen notice to the Architect ill <br />Lbe event that the Project is permanently abandoned. IF the <br />Project is abandoned by the Owner for more thmi go <br />consecutive days, the Architect may terminate this Agreement <br />by giving written notice. <br />8 -4 F39ure of the Owner to Make payments to the <br />Architect its accordance with this Agreement shall be <br />considered substantial nonperl'o nce and cause for <br />termination,, <br />8.5 If the Owner fails to make payment when due the <br />Architect for services and expenses, the Architect may, upon <br />seven days' written i1ctice to the Owner, suspend performance <br />o service. under this A�,7teemeret. Mess payment in full is <br />received by the Architect within seven days of the dale of the <br />notice, the suspension shall take effect without furtlier notice. <br />In the event of a suspension of services, the Architect shall have <br />no liability to the Owner for delay or damlage caused the Owner <br />because Of GUch s uspensioll of services, <br />e.6 111 the event of termination no L Lh a fault of the <br />Architect, the Architect shad be cornpeitsated for services <br />petforrned prior to teniiination, together with Reimbursable <br />Expenses then due and all Tenninatiott Expenses &s deftned in <br />Paragraph 8i.7. <br />8.7 Termination Expenses are in addition Lo <br />compensation for Basic and Additional Services, and include <br />expenses which are directly attributable to teri3nination. <br />Termination Expenses sh all be corriputed as a percentage of the <br />total compensation Fnr Basic Services a <br />earned to the tune of termination, as Follows: <br />Twenty percent of the total cetapensatial, for Basic <br />' Services earned to date • not t <br />exceed S 1 �„� if termination occurs before: or <br />during the , - ' , -t schematic <br />Design Z'hases� +��' <br />. Ten percent of the total compensation for Basso <br />Addii Services earned to date, net to � <br />0 if termination occurs during the Design <br />Developmesl L Phase, or <br />3 five percent of the total compensation for Basic and <br />etviees earned to date, 1 � as <br />upon not less than seven days' y � Y � 01) i F to . ej <br />p wrttter� notice sltc�uld the other rin�nailon occurs during any subsequeYtt <br />party fail substantially to perform in accordance with the ten-as phase. <br />of tiis Agreement through no Fault of the party initiating the <br />termination_ ARTICLE g <br />8.2 IF she Project is suspended by the Owner for more MISCELLAVEOU5 PROVISIONS <br />t11M 30 consecutive days} the Architect shall be compensaCed 9.1 UrAess otherwise provided, this Agreement shall be <br />for services performed prior to notice of such suspension. gcvemed by the law of the place where t he Fro'l ect is located. <br />When the prolecL is resumed, the A hitect's compensation <br />$ a - OWNER-ARCHITECT AGREEMENT- DI - N N - AIA - 1HE AMERICAN INSTITUTE OF ARCNiiECTS, 1735 NEW YORK AVENUE N.W., W SCI NGTON. D.C. 20006 -5292. WARNINeo Unlicensed phatacopyin <br />violates U.S. copyri gh? Iaws and will subject' the violator to lees l pry ecution 1 This docurn enr was electronically produced WiTh errs i ss ion of the <br />AI A and can he reproduced in accordance with Qur license without violation P <br />� tltil the date of expiration as noted below. laser Document; 4002111- <br />4*141j.aia -- 1/281 .2003. AIA License Nurnber 1001861, which expires n -212120031 <br />Electrank Formar 9141 /CMa -1992 <br />8 <br />
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