Agenda - Council - 03/08/2005 - Laserfiche WebLink

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the date when institution of legal or requitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations! ARTICLE 8 TERMINATION, SUSPENS!0N OR ABANDONMENT § 8.1 This Agreement may be termina~d bY either~party ~pon not less than seven days' written notice should the other party fail substantially to perform in accord~ee With the terms of this Agreement through no fault of the party initiating the termination. § 8.2 If the Project is suspended by the[Owner for more than 30 consecutive days, the Architect shall be compensated for serviceslperfonned Pgior to noticb 6f such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. ii 8.3 This Agreement may be terminated by the OWner:upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may t~rminate this -S/greement by giving written notice. § 8.4 Failure of the Owner to make payments to tho ArChitect in accordance with this Agreement shall be considered substantial nonperformance and cause.for terminaOon. ii 8.5 If the Owner fails to make paym,nt when alu* the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend Refformance of services under this Agreement. Unless payment in full is received by the Architect within Seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of serV{ces, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of s~ch susPenSion Of.services. § 8.6 In the event o f termination not the~ fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with ReirabOrsahle Expenses then due and all Termination Expenses as defined in Section 8.7. · § 8.7 Termination Expenses are in add!lion to compensatiOn for Basic and Additional Services, and include expenses which are directly attributable to termination. Te~n~ationExpenses shall be computed as a percentage of the total compensation for Basic Services and Additional S~rvices earned to the time of termination, as follows: A Twenty percent of the total compengafi0n for Basic and Additional Services earned to date if termination occurs before or during th~ predesign, site analysis, or Schematic Design Phases; or .2 Ten percent of the tots[Compensation for Basic and Additional Services earned to date if termination occurs during the Design Development phase; or .3 Five percent of the total Compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase~ AIA Document B141/CMaTM - 1992. Copyright ~:1992 by The:.~nericcn InStitute of Architects. All rights reserved. WARNING: This AIAe Document is prelected by U.S. Copyright Law and InternaliO!alll Treatiea. U~aUthorized reproduction or distribution of this A A® Document, or any portion of it, may result In severe civil and criminal penallte~,iarld Wig ~e I~rb~dted [O the maximum extent possible under the law. This document was produced by AIA software at 15:21:18 on 01/13/2005 under O~der Nb,1000i28312 '. 1 ~ttiich expires on 7/15/2005, and is not for resale. 10 User Notes: (3604103679)