R2002-59 AUTHORIZING THE EXECUTION OF AN AGREEMENT

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� � ARTICLE 1 ARCHITECT'S SERVICES (Herelist those services to be provided by theArchitect under the Terms and Conditions ofthis Agreement. Note under each servlce listed the method and means of compensation to be used,ifapp/icable,as provided in Article 8.) The Architect shall provide proiect administration contract negotiation and construction administration services for the proiect. The scone of these services is itemized in Exhibit A-List of Services attached to this agreement The Architect , shall determme the amount of time Flecessary to complete each task Some tasks may not be necessary to complete the rp o)ect. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT currently in effect unless the pariies mutually agree otherwise. ARTICLE 2 OWNER'S RESPONSIBILITIES 4.2 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in , 2.1 The Owner shall provide full information regarding question has arisen. In no event shall the demand for '� requirements for the Project. The Owner shall furnish required arbitration be made aher the date when institution of legal or li information as expeditiously as necessary for the orderly equitable proceedings based on such claim, dispute or other progress of the Work, and the Architect shall be entitled to rely matter in question would be barred by the applicable statutes of on the accuracy and completeness thereof. limitations. 2.2 The Owner shall designate a represeniative authorized 4.3 No arbitration arising out of or relating to ihis to act on the Owner's behalf with respect to the Project. The Agreement shall include, by consolidation, joinder or in any Owner or such authorized representative shall render decisions other manner,an additional person or entity not a party to this in a timely manner pertaining to documents submitted by ihe Agreement, except by written consent containing a specific Architect in order to avoid unreasonable delay in the orderly reference to this Agreemeni signed by the Owner,Architect and and sequential progress of the Architect's services. any other person or entity sought to be joined. Conseni to arbitration involving an additional person or entity shall not ARTICLE 3 constitute consent to arbiiration of any claim, dispute or other USE OF ARCHITECT'S DOCUMENTS matter in question not described in the written consent or with a person or entity not named or described therein. The 3.1 The documents prepared by the Architect for this foregoing agreement to arbitrate and other agreements to Project are instruments of the Architect's service for use solely by the pan es t thsdAgreement shall be specifically enforceable with respect to this Project and,unless otherwise provided,the � accordance with applicable law in any couri having Architect shall be deemed the author of these documents and jurisdiction thereof. shall retain all common law,statutory and other reserved rights, including the copyright. The Owner shall be permitted to 4,4 The award rendered by the arbitrator or arbitrators retain copies, including reproducible copies, of the Architect's shall be Final, and judgment may be entered upon it in documents for the Owner's information, reference and use in accordance with applicable law in any courl having jurisdiction connection with the Project. The Archiiect's documents shall thereof. not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by ARTICLE 5 others, unless the Architect is adjudged to be in default under TERMINATION OR SUSPENSION this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 5.1 This Agreement may be terminated by either party ARTICLE 4 upon not less than seven days' written notice should the other ARBITRATION pariy fail substantially to perform in accordance with the terms of this Agreement ihrough no fault of the pariy initiating the 4.1 Claims,disputes or other matiers in question between termination. ihe parties to this Agreement arising out of or relating to this 5,� If the Owner fails to make paytnent when due the Agreement or breach thereof shall be subject to and decided by Architect for services and expenses, the Architect may, upon arbitration in accordance with the Construction Industry seven days' written notice to the Owner,suspend performance Arbitration Rules of the American Arbitration Association � 1988 - THE AMERICAN INSTITUTE F AR HITECTS, 1735 W YOR AVENUE, N.W., WASHINGTON, D.C., 20006-52 2. AIA D CUMEN 6727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA� -WARNING: Unlicensed photocopying violates U.S. copyrighi laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User pocument: 2886c-6727mast.aia -- 3/26/2002.AIA License Number 1001048,which expires on 10/31/2002. Electronic Format 6727-1988 2