Interim Architect Agreement/Contract

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• i , ARTIC~E 8 TERMINATION, SUSPENSION OR A6ANDONMENT 8.1 This Agre~ment may be terminated by either parh~ upon not less thanlset~ days' wriuen notice should the other party fail substantiallS~ to perform in acoordance ~vith the tcnns of this A.greement through no fautt of the parl~' initiating the terminatioa Set SP Sr.~.\ 8.2 [f the Project is suspended b}° the O~vner for more than 30 oonsecutive da}•s, the Architect shall be compensated for secvices performed prior to notice of such suspension. When the Projed is resumed, the Architea's compensation shal( be oquitabty adjusted to provide for expenses incurred in ihe interruption and resumption of the Architect's sennces. SQe. SP Ss•`~.1 upon not less than seven days' written notia t chitax in the evec-t that the Project is r abandoned. If the Project is aband e Owner for more than 90 ~ec~secuti s, the Architoct mae terminate this S e¢. S P ts•'~ 8.4 Failare of the Owner to make paS~ments to the Archited in accordance with this Agreement shall be idered substantia( nonperformance and~cause for 'nation. o-~}c~ u~ d~.~ .,a ~. ~~t.. ...~ cc no~ :w ~:LP~+-~te. g,5 ~ If the Owner fails to niakylpam-ent ~vhen due the Architoct for services and expe se9~ the Archited may, upon sewen days' written notia to the O~vc-er, suspend perfocmance of services under this Agreement. Unless payment ~-€~1- is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the a~ent of a suspension of serviaes, the Architect shatl have no liabilih- to the Owner for delay or damage caused the O~vc-er bacause of such suspension of secvioes. Sss~ s 4 ~S-5..1 Architect, the Architect sliall be compensated for ices performed prior to ternunation, together ~tiith " bursable E.~penses then due and all Termination • nses as defined in Paragraph 8.7. .1 Twenty percenl of the total compensation asic and Additional Sen~ices earned date if termination occurs before or du ' g the predesign, site ana(ysis, or Schematic D gn Phases; or .2 Ten percent of the 1 compensation for Basic and Additional ces earned to date if ternunation oa;urs d' g the Design Development Phase; or .3 ive percent of the total compensation for Basic and Additional Sen~ices earned to date if termination ARTICLE 9 MiSCELl~4NE0US PROVISIONS 9.1 Unless othenvise provided, this Agreement shall be governed by the law of the ' A~i~ee~ ~ ~~ .f o~i..- 9.2 Terms in this Agreement shall have the rame meaning as those in AIA Document A201, General Conditions of the Contrad for Construction, cunent as of the date of ihis Agreemen~ Agreement pertaining to acts or failures to act shal deemed to have accrued and the applicable stat of limitations shall oommence to run not later than ither the date of Substantial Completion for ads or ures to act occurring prior to Substantial Completio . or the date of issuance of the final Certificate for ~cnent for acts or faitures to act occurring after Substa 'al Completion. 9.4 The Owner and Arc ' ect ~vai~~e all rights against each other and against th contractors. consultants, agents and emplo~~ees of the er for damages, but onl}° to the e~ent oovered by operty insurance during construction, exoept such righ as they may have to the proceeds of such insurance as foRh in the edition of AIA Document A201, General ditions of the Contract for Construction, current as of date of this Agreement. The O~vner and Architect eac shall require similar ~~~ai~rers from their contractors, 8.7 Terniination . penses are in addition to vompensation fo sic and Additional Sen~ices. and include e~penses ~ ch are directlti~ attributable to termination. Te ' tion Expenses shall be computed as a percentage of A pOCUMENT B141 - O\1rI~ER-ARCHITECT aGREErlENT - FOURTEENTH EDIT[ON - AI~ - COPYRIGHT t987 -'CHE AAfERIC~~ [?~STITITE Of ARCH[TECTS, 1735 NE~~` I~ORi: AVETUE N.\i'._ ~~`.aSHiT.GTON, D.C. 2000G-5292.: l.Mlic~d photocop?ring ~~iolates U.S. cop~~ight la~~s and is subir~~t to legal ~xcvseeution. 'Iliis doeunxm ~~~a.c elretronieall~~ produerd ~cith tlx ~ttmiccion of ilx AIA and ean be re~xodueed ~~~thcxrt ~tiolation until dx dalt oCe~piraticxi as ncqrd btlm~~- Electronic Format Bl~ll-1937 Use~ ~ocument: 81419637.OOC - 4/22/1997. AIA License Numbe~ 100632, which expires o~ 8/31/1997 - Page #9 l~-f~"