Agenda - Council - 05/26/2015 - Laserfiche WebLink

Home

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 nonperfoiniance 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 suspen ion and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fee': for the remainin services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services pe such suspension. When the Project is resumed, the Architect shall be compensated for expe interruption and resumption of the Architect's services. The Architect's fees for the remain schedules shall be equitably adjusted. ed prior to notice of incurred in the ervices and the time § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other h. the fault Architect, the Architect may terminate this Agreement by giving not less than seven daysn notice. § 9.4 Either party may teintinate this Agreement upon not less than seven days' written not' e should the party fail substantially to perform in accordance with the terms of this Agreement through no fau t o . the party iti ting the termination. § 9.5 The Owner may teuninate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for se performed prior to termination, together with Reimbursable Expenses then due. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a terrain 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, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Actshall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A Conditions of the Contract for Construction. 007, G § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender tviding financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owng , requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a au of a third party against either the Owner or Architect. e of action in favor AIA Document B101= - 2007 (formerly B151= - 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 or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:58:13 on 08/05/2014 under Order No.24873850101 which expires on 01/27/2015, and is not for resale. User Notes: (945321818)