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§ 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the OwnerÓs account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of ($ ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The ArchitectÓs payments to the Certifying Authority shall be credited to the OwnerÓs account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the ArchitectÓs invoice. Amounts unpaid thirty-five ( 35 ) days after the invoice in accordance with the Prompt Payment Act date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 4.00 % per annum § 11.10.2.2 The Owner shall not withhold amounts from the ArchitectÓs compensation to impose a penalty or liquidated damages on the Architect., or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. The OwnerÓs right, if any, to offset sums due the Architect shall be governed by applicable law, including but not limited to the Prompt Payment Act. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. The Architect shall keep and maintain accurate documentation of all claimed reimbursable expenses in such a form that they may be independently audited. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B133©Î2019, Standard Form Agreement Between Owner and Architect, Construction Manager as Constructor Edition, as modified .2 Building Information Modeling Exhibit, if completed: .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) AIA Document B133 Î 2019. Copyright ¨ 2014, and 2019. All rights reserved. ÐThe American Institute of Architects,Ñ ÐAmerican Institute of Architects,Ñ ÐAIA,Ñ the AIA Logo, and ÐAIA Contract DocumentsÑ are trademarks of The American Institute of Architects. This draft was produced at 13:48:18 CDT on 08/13/2025 under 26 Subscription No.20250116558 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract ® Documents Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (640e2aeef442e4498d096839) A26 | BKV GROUP Qbhf!331!pg!354