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Owner's confidential or proprietary Information if the Owner has previously advised the Engineer in writing of tile
<br />specific information considered by the Owner to be colifidential or proprietary. The Owner shall provide
<br />professional credit for the Engineer in the Owner's promotional materials for the Project.
<br />§ 1.3.7.8 If the Owner requests the Encr0 ineer to execute certificates, the proposed language of such certificates shall
<br />be subrm'tted to the Engineerfor review at least 14 days prior to the requested dates of execution,, The Engineer shall
<br />not be required to exectite certificates that would require knowledge, services or •esponsibiliti.es beyond the, scope of
<br />this Agreement.
<br />1.3J-9 The Owner and Engineer, respectively, bind themselves, tier r partners, successors, assigns, and legal
<br />representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives
<br />of such other party with respect to all covenants of this Agreement. Neither this Owner nor the Engineer shall assign
<br />this Agreement without the written consent of the otiler, except that the Owner may assign this Agreement to an
<br />institutional lender providing financijig for the Project. In such event, the leader shall assume the Owner's rights and
<br />obligations under this Agreement. The Engineer shall execute all consents reasonably required to facilitate such
<br />assignment.
<br />§ 1.3.7410 At its own expense-, the Engineer shall secure and maintain professional liability insurance with respect
<br />to services to be provided by Engineer relating to the Project with minimurn coverage limits of $2,0010,000 per claim
<br />and $2,000,000 aggregate. Prior to conunencing any work on the Project, the Engineer shall provide the Owner
<br />with a certificate of insurance showing its insurance coverage, and the Engineer shall maintain such insurance in full
<br />force and effect at all times until the Project has been c ornpl eted.
<br />§ 1.3.8 TERMINATION OR SUSPENSION
<br />1.3.8.1 If the Owner fails to make payments to the Engineer in accordance with this Agrieem . ent, such failure shall
<br />be considered substantial nonperformance and cause for termination or,, at the Engineer's option, on, cause for
<br />suspension of performance of services under this Agreement. If the Engineer elects to suspend services, prior to,
<br />suspension of services, the Engineer shall give seven days' written notice to the Owner. In the event of a suspension
<br />of services, the Engineer shall have no, liability to the Owner for delay or damage caused the Owner because of such
<br />es, the Engineer shall be paid all sums due, prior to suspension and
<br />suspension of services. Before resum ing services,
<br />any expenses incurred in the interruption and resumption of the Engineer's servicies. The Engincer's fees for thie
<br />remaining services and the time schedules shall be equitably adjusted.,
<br />1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Engineer shall, be
<br />compensated for services performed prior to notice of such suspension., When the Project is, resumed, the Engineer
<br />shall be compensated for expenses incurred in the interruption and resumption of the Engineer's siervices, The
<br />Engineer's fees for the rernairuing services and the time schedules shall be equitably adjusted.
<br />§ 1.3.8.3 If the Project is suspended or the Engineer's services are suspended for more than 90: consecutive days, the
<br />Engineer may terminate t1iis Agreement by giving not less than seven days' written notice.,
<br />§ 1.3.8.4 This Agreement may be terminated by either party upon not less, than seven days" written notice should the
<br />other party fail substantially to perform in accordance wiffi ffile terms of this Agreement through no fault, of the party
<br />initiating the termination.
<br />§ 1.3-8.5 This Agreement may be terrrdnated by the Owner upon not less than seven 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 not the fault of the Engineer, the Engineer shall be compensated for services
<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 for Reimbursable Expenses incurred shall be made monthly
<br />upon presentation of the Engineer's statement of services. No deductions shall be made from the Engineer's ,
<br />compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on
<br />account of the cost of changes in the Work other than those for which the Engineer has, been adjudged to be liable.
<br />I
<br />AIA oocument 8141 TM-1997 Part 1. Copyright. 1917,1926, 1948,1951,1953, 19581,1961,11963t 19616.19671, 11970, 1 1974, 1977, 1 9871 and 1997 by The
<br />[nit. American Institute of Architects. All rights reserved. WARNING: This Ale Diociumnt is protected by iU.S. Copyright Law and International Treaties. 7
<br />Unauthorized reproduction or distribution of this Ale Document, or any portian of it,, m,ay, riesult IIn seviere civil and criminal penalifles, and will be
<br />prosecuted to the maximum extent possible under the law. This document was produced by AIA sof'tware at 07:41 :29 on 02/05,12008 winder Order
<br />No . 1 0100307AO9 I which e.xnlres on 11 /512008, arid is not for resale. 1 '25'
<br />, - Z- (4834414+
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