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§ 1,18.4 This Agreement may be terminated by either party upon not less, than seven days' Written. 110tiCe 811OUld the
<br />other party fail subsuantially to perform in accordance with the tiernis of this Aloreernent tlTrOLIgh 110 fault of the p rty
<br />Z�l
<br />initiating the termination.
<br />§ 1.3.8.5 This Agreement may be tei' minated by the Owner upon not Ill than sevien days' written notice to the
<br />Engineer for the Owner's convenience and without cause.
<br />§ 1.3.8.6 In the event of termination [lot tile 4.'au1t of the the Enginelers-hall be compensated -foi- slervices
<br />performed prior to termination, together with Reimbursable Expenses then due.
<br />(Paragraphs deleted)
<br />§ 1.3.9 PAYMENTS TO THE ENGINEER
<br />§ 1.3.9.1 Payments on account of services rendered and (b. r Reinibursiable F"'xpenses incurrield shall ble Madle monthly
<br />upon presentation of the Engineer's statement of services. No, deductions, shall 'be rn aide frio m the Eingincer's;
<br />cotnpensation on account of penalty, liquidated damacres or other suni.s, withheld from payments to contractors, or can
<br />acs I other than those for whicii the Engineer has been adjudicred tio be liable.
<br />.ount of the cost of chancyles in the Woi C11 C�
<br />Enaineer shall notify and receive Owner's approval on any single reinibursable over $1 001AO
<br />Z!7
<br />1.3.9.2'Reimbursable Expenses are in addition to compenst'ition for the Engincer's services card incitidleexpenses
<br />oJ
<br />incurred by the Engineer and Engineer's employees and consultants directly related to, the. Pri 'ect, cis identified in
<br />the following Clauses:
<br />transportation in connection with the PrQject, authorized OUt-Of town travel and subsistence, and
<br />e.lectronice communications;
<br />.2 fees paid for securing approval of authorities having jurisdiction over the Project;
<br />.3 reproductions, plots, standard form documents, postage, handling and delivei.`y of Instruments of
<br />Service;
<br />.4 expense of overtime work requiring higher than regular rates if authiorizied in advance by the Owner;
<br />.5 renderings, models and mock-ups requested by the Owner;
<br />.6 expense of professional liability insurance dedicated exclusively to this Pr( -Jett or dile explense of
<br />additional, insurance coverage or limits requested by the Owner in excess ofthat normally carried by
<br />the Engineer and the Engineer's consultants;
<br />.7 reimbursable expenses as designated in Section 1.5.5;
<br />.8 other similar direct Prqject-related expenditures.
<br />§ 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services,, and of services
<br />performed oil the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or
<br />the Owner's authorized representative at mutually convenient times.
<br />§ 1.3.9.4 Direct Personnel Expense is defined as the direct salariles, of the E,nLion'Incer's personnel engaged on the
<br />Project and the portion of the cost of their mandatory and custornary ciontributions anid beniefits, relatied thereto, such
<br />as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee
<br />retirement plans and similar contributions.
<br />ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
<br />§ 1.4.1 Entimeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement
<br />between the Owner and the, Engineer and supersedes all prior negotiations, representations or agree men is, either
<br />written or oral. This Agreement may be amended only by written inistrument, signed by both Owner and Engineer.
<br />This Agreement comprises the documents listed below.
<br />§ 1.4.1.1 Standard Form of Agreement Between Owner and Engineer, i AIA Document Bi 1141-19,971.
<br />§ 1.4.1.2 Standard Form of Engineer's Services: Design and Conti-act Administration, AIA Docum,ent 131.41-1997, or
<br />as follows:
<br />(List other documents, �f any, delineating
<br />(Paragi-aphs deleted)
<br />Engineer's scope of sei-vices.) Consti-tiction t anageinent Serl)iii
<br />A] A. Document B1 41 TM — 1997Part 1. Copyright 0 1917, 1926, 1948, 1951, 195, 19�5,8, 1961, 19163:, 19166, 1961,1 119701, 1974, 1 19771, 1987 �end 1997 by The
<br />Init. P 9 n I r 1
<br />American Institute of Architects. All rights reserved. WARNING: This AIA2` Document �is 1 �rotlecteld by U.S. Ciopyril ht Low and In'terl ationa T eates.
<br />Unauthorized reproduction or distribution of this Ate Document, or any portion of it, may result in severe civil and criminal penialties, and will be
<br />prosecuted to the maximum extent possible under the law. This document was produiced Iby AIA software at 13:219:23 loin 02/018/201018 iu�nder Order
<br />No. 1000291'88— which expires on 3/13/2008, and is not for resale. (2078941309)
<br />User Notes;
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