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fall subst�ntialiy to perfortn in accordance with the terms of thls ditions of the Contr�ct for Constn�ctlon,current u of the date
<br /> Agr�ement through no fault of the party initi�tlng the ter- of this Agrcemcnt.The Owner�nd Architect each shall rcquirc ' '
<br /> min�tbn. similar waivers from thNr contctic[ors, rnnsultants and agrnts. ,
<br /> e.Z If the Pro�ect is suspended by the Owner for more than 30 8.S The Owner and Architcct, rcspectively, bind themseives, �
<br /> consecutive days, the Mchitect shall be compensated for ser- their putners, successors, usigns and legal representaNves to
<br />' vkes performed pdor to noHce of svch suspension. when the the other party to thls Agreemrnt and to the partners, svc-
<br /> ProJect is resumed,the Architect's compensallon shall be equit- cessors, assigns and legai rcpresentaNves of such other party
<br /> ably ad�usted to provide for eapenses incurrcd in tho intern�p- with respect to�il eovenants of this Agre�ment. Neither Owner
<br /> tion and resumption of the Architect's services. nor Mchitect sh�il atslgn this Agreement without the wdttrn
<br /> 8.3 Thfs Ageeement m�y be terminated by the Owner upon consrnt of the other.
<br /> nvt kss than seven days'wrttten notke to the Architect in the 9.6 This Agreemrnt rcpresents the enNrc and integrated agrce-
<br /> cvent that the Pro)ect is permanently abandoned. If the ProJect ment between the Ownet and Archltect and supersedes all
<br /> is abandoned by the Owner for more than 90 consecutive days, prior negotlatlons, representations or agreements, either writ-
<br /> the Architect may termlrote this Agrcemrnt by giving wNttrn trn or or�l. This Agreemrnt may be unended oniy by writtrn
<br /> notke. inscrumrne slgned by boch Owner and Mchltect.
<br /> •.4 Failure of the Owner to make payments to the Architect in 8.7 Nothing contained in this Agreement sh�ll create a contrac-
<br /> accordance with this Agrcemrnt shall be consldered subst�nth! tu�i relationship with or a c�use of actlon in favor of a thtrd
<br /> nonperformu�ce�nd c�use for terminatlon. party�gainst Nther the Owner or Architect.
<br /> 8.5 If the Owner fails to make payment when due the Archi• 9.A The Architect and Mchitect's consultants shali have no
<br /> tect for srnices and expensq,the Mchltect may, upon sevrn responsibllity far the discovery,prcsence,handting,removal or
<br /> days'wNttrn notice to the Owner,suspend performance of ser- , dLSposal of or exposure of persons to harrrdous materials in
<br /> vices under this Agreemrnt. Unie�payment in fuli)s received any form at the Prorect site, including but not Iimlted to
<br /> by the Architect within seven days of tfie date of the notice,the asbestw,asbestos product�.polychlorinated biphenyl{PCB)or
<br /> suspenslon shall take ef�ect without further noNce. In the evrnt other toxk substances.
<br /> of a suspension of servkes,the Archiiect shall have no liability
<br /> to the Owner for delay or damage caused the Owner bec�use
<br /> of such suspensbn of setvkes.
<br /> 8.Q in the evrnt of terminatlon not the fault of the Architect,
<br /> the Architect shall be compensated tor services performed prior � ARTICLE 10
<br /> to termin�tton,together with Rcimbursabie Expcnses then due pAYMENT$ TO THE AFiCHITECT
<br /> and�II Termimtlon Eapenses. 1
<br /> J
<br /> 8.7 Terminatbn Expenses arc in addhion to compensatlon for �p,� p�pECT pEpgpNNEL p�pp,ISE
<br /> Bastc and Additlonal Servkes, and include expensd whkh ue
<br /> dlrectly attdbutabk to termination. 10.1.1 Direct Personnel Exprnse is deflned as the direct
<br /> salaries of the Architect's personnel engaged on the Pro�ect and
<br /> the portion of the cost of thelr m�ndatory and customary con-
<br /> tributlons and beneflts rcl�ted theteto, such as employment .
<br /> taaes and other statutory empbyee brncflts, insurance, sick
<br /> ARTICLE 9 leave, holldays, vacatbns, pensbns and simUar contributlons
<br /> MISCELlANEOUS PROVISIONS �nd brneflts. '
<br /> � 10.Z RElMBURSABLE D(PENSE3
<br /> 9.1 Unless othcrwise provideci, this Agteement shall be gov-•
<br /> emed by the iaw o[ the princlpal place of business of the �0.4.1 Reimbursable Eapenses include expenxs incurred by
<br /> Architect. the Mchitect In the interest of tht Pro�ect for:
<br /> �J.2 Terms in this Agrcement shall have tl�e same mcaning as •� expense of transportatlon and living expenses in con-
<br /> tfiose In AIA Document A201,Gcneral Conditions of the Con- nectlon with out-of-town tnvel authorized hy the
<br /> tract for Constn�ction,current as of the date of this Agreemrnt. Owner;
<br /> .2 Iong-distance rnmmunkatlons;
<br /> 9.3 Causes of actlon between the partles to this Agreemrnt ,3 fces pald for secu�ing�pproval vf�uthorltks havinR
<br /> pertaining to xts or f�ilures to act shall be deemed to have )urlsdictlon over the Pro�ect;
<br /> accrued and the applicabie statutes of ilmitations shall com- ,4 rcproductions;
<br /> mence to run not later than dther the date of Substantial Com-
<br /> pletton for acts or failures to acK occurring prior to Substantlal •S postage and handUng of Dr�wings and SpeciBcatlon.a;
<br /> Compietlon, or the date of issuance�f the (inal Cerdficate for .� expense of overtime work requiring higher than regu-
<br /> Payment for xts or faliures to xt occurdng aRer Substantial lar rates, if authoNud by the Owner;
<br /> Compktlon. .T renderings and modeb rcquested by the Owner;
<br /> 9.4 The Owner usd Architect waive al) rights against each .e eapense of additional insurance coverage or Iimits,
<br /> other and against the concractors, consuitanta, agents and inciuding professbnal IlabiBty insurance, requested
<br /> employees of the otha for damages, but oniy tc� the eatrnt by the Owner in eacess of that normaily carNed by
<br /> covered by property insurance during cunstntcHon, except the Architect�nd Architect'a consuitants; and J
<br /> such rights ys they may h�ve to the pmcreds of such insurance .9 ez�ense of computer-�ided design and drafting�quip-
<br /> as set forth in the tdkion of A►A Documrnt A201,Grnerai Con- ment Nme when used M connectbn with the Pro�ect.
<br /> AIA DOCUMENT Bts1•AABREVIATEU qWNER•ARCHITECT AGREFMENT�TFIIRD EDI7'ION s AIA• • �O 19A7
<br /> S B�S���gS7 TfIP. AMF.RI(:AN INSTITUTE OF ARCHITECTS, 17iS NEW YORK AVEMIE,N.W.,WASHiNGYON, n.C.20nOfi
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