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<br />items referred to in this Agreement are incorporated or attached and are <br />deemed to be part of this Agreement. <br /> <br />b. Any material alterations, variations, modifications, or waivers of provisions <br />of this Agreement shall only be valid when they have been reduced to <br />writing as an amendment to this Agreement signed by the parties hereto. <br /> <br />, , <br /> <br />11. DEFAULT AND CANCELLATION <br /> <br />a. If Architects fail to perform any of the provisions of this Agreement or so <br />fail to administer the work as to endanger the performance of this' <br />Agreement, this shall constitute a default. Unless the default is excused, <br />the HRA may, upon written notice, immediately cancel the Agreement in <br />its entirety. <br /> <br />b. The HRA's failure to insist upon strict performance of any provision or to <br />exercise any right under this Agreement shall not be deemed a <br />relinquishment or waiver of the same, unless consented to in writing. <br />Such consent shall not constitute a general waiver or relinquishment <br />throughout the entire term of the Agreement. <br /> <br />c. If the Agreement is canceled, Architects will be paid for percent of work <br />completed to the date of cancellation. <br /> <br />12. CONTRACT ADMINISTRATION <br /> <br />The HRA is managing the Contract in consultation with several cities as outlined <br />in Exhibit C. From time to time, meetings shall be held between Architects, the <br />HRA, and the cities identified in Exhibit C. <br /> <br />13. MEDIA TION/ARBITRA TION CLAUSE <br /> <br />If a dispute arises out of or relates to this Agreement, or breaching of the <br />Agreement, and if the dispute cannot be settled through direct discussions, the <br />Architects and the HRA agree to first endeavor to settle the dispute in an <br />amicable manner by mediation administered by the Mediation Center, <br />Minneapolis, before resorting to arbitration. If mediation is unsuccessful, the <br />dispute shall be settled by arbitration administered by the Mediation Center, <br />Minneapolis. Architects and the HRA will each pay one-half the cost of <br />med iation/arbitration. <br /> <br />14. NOTICES <br /> <br />Any notice or demand which must be given or made by a party hereto under the <br />terms of this Agreement shall be in writing. <br /> <br />4 <br />