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I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br /> <br />AEC Terms and Conditions <br />Page Two <br /> <br />8.0 <br /> <br />9.0 <br /> <br />10.0 <br /> <br />11.0 <br /> <br />12.0 <br /> <br />13.0 <br /> <br />14.0 <br /> <br />15.0 <br /> <br />SUSPENSION OF WORK. AEC may suspend work upon not less than three days' written notice <br />to CLIENT if OWNER does not make timely payment to AEC within 60 days after being invoiced, <br />does not provide the necessary criteria or information, or does not substantially perform any of its <br />other duties under this agreement. <br /> <br />TERMINATION FOR CAUSE. This AGREEMENT may be terminated for cause by either party <br />upon not less than seven days' written notice if the other party'fails to substantially perform in <br />accordance with the terms of this AGREEMENT through no fault of the party initiating the <br />termination. <br />TERMINATION FOR CONVENIENCE. CLIENT may terminate this AGREEMENT in whole or in <br />part for its own convenience upon not less than seven days' written notice to AEC. <br /> <br />TERMINATION EXPENSES. If the termination is for convenience or is not the fault of AEC, or if <br />CLIENT abandons the project, AEC shall be compensated for costs incurred and services <br />performed before the termination or abandonment, plus (1) an additional 20% of AEC's total <br />compensation earned to date if the termination or abandonment occurs before or during the <br />predesign, site analysis, or the initial field inspection stage, (2) an additional 10% of AEC's total <br />compensation earned to date if the termination or abandonment occurs during the design or <br />inspection report writing stage, or (3) an additional 5% of AEC's total compensation earned to <br />date if the termination or abandonment occurs during any hater stages involving the writing of <br />specifications or part or full time field construction or reconditioning inspections. The termination <br />expenses are to compensate AEC for its termination costs and its unrecovered fixed costs, not to <br />penalize CLIENT. <br /> <br />INSURANCE. AEC will maintain workers' compensation insurance, professional liability <br />insurance, and comprehensive general liability..:,, insurance and will provide CLIENT with a <br />certificate of insurance upon OWNER's request. <br /> <br />LIMITATION OF LIABILITY. AEC's liability to CLIENT due to AEC's error or omissions (including, <br />but not limited to, claims for indemnity or contribution) is limited to AEC's fee. <br /> <br />ARBITRATION. Any controversy or claim for money damages arising out of or relating to the <br />making or performance or interpretation of this AGREEMENT, or the breach of this <br />AGREEMENT, shall be settled by arbitration in accordance with the Construction Industry <br />Arbitration Rules of the American Arbitration Association. The arbitration panel shall consist of <br />three arbitrators, at least one of whom is a structural engineer; and the panel may award only <br />money damages and shall not award equitable relief. Judgment upon the arbitration award may <br />be entered in any court having jurisdiction of the parties. The enforceability of this arbitration <br />provision and arbitration awards will be governed by the Federal Arbitration Act. <br /> <br />FEES TO PREVAILING PARTY. The prevailing party to any dispute arising out of this <br />AGREEMENT shall be entitled to recover its reasonable attorney fees costs from the other party. <br /> <br />~,k:O:~GROUP\MARKET~Fee Schedules',TNC. DOC <br /> <br />Revision Date: February 1999 <br /> <br /> <br />