Agenda - Council - 08/11/2014 - Laserfiche WebLink

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§ 8.3.4.1 Either party, at ill 1111 diI u'Itien rnrq 1 mr i liOrl_e an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; ('2 i#e m.-l.ii-,aliens to be consolidated substantially involy i r Orals. I k rraeati 1 nl 1 fi l rma ur iae and (3) the arbitratizuc =Wrl�; Wwt 1�r, tiatil :r _ _��rc1_ _1_c;; =d W th ds f r s 1 cting arbitrat r(3). § 8.3.4.2 Eith r party, at it_a vv7nick:4c 17jcin4cr Fcracrrc ca cktitios substantially involved in a common -question 111rnrr itfuhwl►ii11111111111'IYI11itvi& itration, provided that the party sought t1 4 1 j 1 in 1Il 11 n,ents in writing to such joinder. Consent to arbitration involving an additional_ lsc= cr cr.tity shall not constitute consent to arbitration of iy c'_ W tlAcute or other matter in question FHA .111 Iii4 1.1 in the written consent. S ?:IA .7 Tk 1 awn i i& d Ar Ikitect grant to any p Irr 1 n I E Intity made a party to an arbitration conducted under this Serb in .3 ,11'111 tk 1 r 4 y j 1 in 11 Ic 1 r 1 1 n1 1 L 11rkion, the same rights of j 1 in fir as the Owner and Architect under 1uc Abrc=W = it, ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 11 1 § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then duet ek imp rka IS Is d fin dins cti n9.7. I--1 § 9.7 Termination Expenses are in addition 1c cc.:r= :octi n f r th Architoct'z includ xp ns 5 directly attributable to torminaticu Cc= :: kick th Architect is n t t . ctec-1-134::c cu =:r. : for th 1111 i rnti 1 11 nit § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, xc pt that if th parti s have s 1 ctod arbitrati n as th m th d 2icrote resolution, c F_2 rc Aacitrati n Act shall g v rn Section 8.3. AIA Document 5101.' - 2007 (formerly 5151^' - 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction r distribution of this AIA® Document, or any portion of it, may result i civil and criminal penalties, and will be prosecuted to ' the max extent possible under the law. This draft was produced by AIA software at 10:02:21 ron 12/17/2007 under Order No.1000305200_1 which expires on 6/14/2008, and is not for resale. User Notes: (434271448)