R2018-21 Authorizing Professional Services Agreement with Dewberry ARchitects for New Fire Station No. 5

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(Paragraph Deleted) [X ] Litigation in a court (Paragraphs Deleted) located in(Macon County,Illinios). Both parties specifically waive their right to a jury trial to resolve any and all claims,including but not limited to those sounding in contract,tort,or statute,against the other arising out of or connected in any way to the Project or this Agreement because the parties hereto believe that the complex commercial and professional aspects of their dealings with one another make a jury determination neither desirable nor appropriate. (Paragraph Deleted) [ ] Other(Specify) (Paragraphs Deleted) 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. §9.31f 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. I §9.5 §9.61n 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 due and all Termination Expenses as defined in Section 9.7. AIA Document B1011m—2007(formerly 11111511w—1997).Copynght tM 1974,1978-1987,1997 and 2007 by The American Institute of Architects.AN rights init reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 1b 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 t under the law.Ths document was produced by AIA software at 17:03:54 on 0113112018 under Order No,4966021632 which expires an 04111/2018,and is not for resale. User Notes: (389ADA17)