Interim Architect Agreement/Contract

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of an inerease in llie Contracl Sum occurring after execut~on of lhc Conlract for Conslruction. .3 [f the Bidding or Negotiation Phase has not ' menoed within 90` days after the Archited submits the onswdion Documents to the O~vner, any Project budget or fi.eed limit of Conscruction Cost shall be adjusted to reflect changes in the general level of prices in the oonstruction industry bettveen the date of submission of the Constcuction Documents to the O«mer and the date on ~ti~hich proposals are sought. - 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.23) is eaoeeded by the lowest bona fide bid or negotiated proposal, the O~vner shall: .1 give written approval of an increase in such fixed ~ limit; .2 authorize rebidding or renegotiatiag of the Project within a reasonable time; .3 if the Projed is abandoned, terminate in accordance wnth Paragtaph 8.3; or .4 cooperate in revising the Projxt soope and quality as required to reduce the Construction Cost. 5.2.5 If the O~vner choose.s to prooeed under Clause .4.4, the Architect, without additional charge, shall odify the Contract Documents as necessary to oomplp ~vith the fia:ed limit, if established as a oondition of this Agreanen~ The modification of Contcad Documents shall be the limit of the Archited's responsibility arising out of the establishment of a fixed limi~ The Architect shall be entided lo oompensation in aocordance with this Agreement for all sen~ices performed ~~fiether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECTS ORAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS prepared bv the Architect for this Project are instru of ihe Architecfs sen~ice for use solely ~~nth to this Project and unless othern~ise pro~nded, t rchitect shall be deemed the author ~of these docu and shall retain all~ oommon law, statuton~ and er resen~ed rights, including the oop}°right. The ner shall be permitted to retain copies, includi eproducible copies, of the Architect's Dra~rings pecifications and other documents for info tion and reference in oonnection ~~ith the O~~~ner's O~~~ner or others on olher projects. Cor ad '' o this Project or for completion of tli~s P' v others, unless the Architect is adjudged n default under this Agreement, e.~oept b~ ment in ~vri6ng and ~vith appropriate See. S P ~.\ a..a b-~. 6.2 Submission or distribution of documents to meet official regutatory requirements or for similar purposes in connection ~vith the Project is not to be oonstrued as publication in derogalion of the Architect's resen~ed rights. ARTlCLE 7 ARBITRATION beriveen the pariies to this Agreement arising out of relating to lhis Agreement or breach thereof shall be sub' to and decided 63~ arbitration in aooordance ~vi the Construction Indust~y ArbitraGon Rules of the rican Arbitration Association currently in ef~'ect untess th parties mutuallr agree othernlse. 7.2 Demand for art~itration shall be filed i«~riting tvith the other party to this Agreement and ~~vit the American Arbitration Association. A demand for a tration shall be made ~~°ithin a reasonabte time afler the claim dispute or other matter in question has arisen. I c~o e~•ent shall lhe demand for arbitration be made er the date «ficn institution of tega( or equitabte pr ings based on such ctaim, dispute or other matter in q ~on ~vould be bamed by the applicable statutes of limitatio . 7.3 No arbitration arisi out of or relating to lhis Agreement shall include, by nsolidation, joinder or in any other manner, an addition person or entin~ not a part~~ to this Agreemen~ except y~vritten consent coneaining a spe~cific reference to th" Agreement signed bc the O~vner, Architect. and any oth r person or entiry sought to be joined- Consent to arbitrat n involving an additional person or entit}~ shalt not co titute consent to art~itration of an}• claim, dispute or other matter in question not described in the ~vritten consen or ~~•itli a person or entit~• not named or described the in. The foregoing agreement to act~itrate and other agree ents to arbitrate with an additional person or entih~ dut consenled to by the parties to this Agreement sliall specificall~~ enforceable in accordance ~~~ith appli le la~~~ in an}° couR having jurisdiction thereof. 7.4 The a~vard rendered b~~ the arbitrator or arbitrators s ll be finaL and judgment ma~~ be entered upon it in ccordance ~~•ith applicable ta~~~ in am~ courl ha~•ing ~~-~ _~ _~-1. 2 a.~ l.3 aIA DOCUA{ENT B141 - O\l'ISER-ARCHCCECT AGREEriENT - EOURTEENTH EDITI4K -:~fA - COPYRIGHT 19R7 - THE :~dER[C:L\ IXSTITL+I'F. OF aRCH[TEC7'S. 1735 TE\1' 1'ORI~ AVENUE N.\1'., \t!4SHIt~'GTO?~. D.C. 20006-5292.: lJnlicm~rd photcnx+p~~ng ~-iolatts U.S. ccq~~Tight laa~ and is suhlM to Irgal ~rtic~rt. This davmait ~vas tlectrcmieall~~ ~xoduocd ~~~ith tlx ~xnnis.cicx~ of tlx A1.4 and ean lx rrprodueed ~~~ithout ~~olation until tlx datr of e.y~iration a~ ixard lxlo~.~. Electronic Format B1~1-t9S7 b 100632 which expires on 8/31/1997 -.Page #8 User pocument: 61419637.OOC -- 4/22/1997- AIA L~cense Num er , . ~