R2001-180 AUTHORIZING THE EXECUTION OF A CONTRACT

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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 arbitration be made after the date when institution of legal or OWNER'S RESPONSIBILITIES equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes 2.1 The Owner shall provide full information regarding of limitations. � requirements for the Project. The Owner shall furnish required information as expeditiously as necessary for the 4.3 No arbitration arising out of or relating to this Agreement orderly progress of the Work, and the Architect shall be shall include, by consolidation, joinder or in any other entitled to rely on the accuracy and completeness thereof. manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific 2.2 The Owner shall designate a representative authorized to reference to this Agreement signed by the Owner, Architect act on the Owner's behalf with respect to the Project. The and any other person or entity sought to be joined. Consent to Owner or such authorized representative shall render arbitration involving an additional person or entity shall not decisions in a timely manner pertaining to documents constitute consent to arbitration of any claim, dispute or other submitted by the Architect in order to avoid unreasonable matter in question not described in the written consent or with delay in the orderly and sequential progress of the Architect's a person or entity not named or described therein. The services. foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically ARTICLE 3 enforceable in accordance with applicable law in any court USE OF ARCHITECT'S DOCUMENTS having jurisdiction thereof. 3.1 The documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with 4.4 The award rendered by the arbitrator or arbitrators shall respect to this Project and, unless otherwise provided, the be final, and judgment may be entered upon it in accordance Architect shall be deemed the author of these documents and �'ith applicable law in any court having jurisdiction thereof. shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the ARTICLE 5 Architect's documents for the Owner's information, reference TERMINATION OR SUSPENSION and use in connection with the Project. �ke ^�^�'� 5.1 This Agreement may be terminated by either party upon ��`��`��$�� not less than seven days' written notice should the other party ��s�� fail substantially to perform in accordance with the terms of �e�es��3`��-less-�ke n.-,.��--i�s�ge��e-be-i�- this Agreement through no fault of the party initiating the « �� a��'"`�"'�'��_��g termination. .,a. ,;.ti ., .,.e,. .,.;,..,.,..wo n,.,.�,;.o,.* 5.2If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon ARTICLE 4 seven days'written notice to the Owner, suspend performance ARBITRATION of services under this Agreement. Unless payment in full is 4.1 Claims, disputes or other matters in question between the received by the Architect within seven days of the date of the parties to this Agreement arising out of or relating to this notice, the suspension shall take effect without further notice. Agreement or breach thereof shall be subject to and decided In the event of a suspension of services, the Architect shall by arbitration in accordance with the Construction Industry have no liability to the Owner for delay or damage caused the Arbitration Rules of the American Arbitration Association Owner because of such suspension of services. currently in effect unless the parties mutually agree otherwise. 5.3 In the event of termination not the fault of the Architect, , the Architect shall be compensated for services performed i 4.2 A demand for arbitration shall be made within a prior to termination, together with Reimbursable Expenses reasonable time after the claim, dispute or other matter in then due and all Termination Expenses as defined in question has arisen. In no event shall the demand far Paragraph 5.4. AIA DOCUMENT B727-OWNER-ARCHITECT AGREEMENT-1988 EDITION-AIA-COPYRIGHT 1988-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON D.C.,20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B727-1988 a User pocument: OWNER -- 10/3/2001. AIA License Number 110854, which expires on 12/30/2001 -- Page#3