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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCI- IITECT ARTICLE 2 OWNER'S RESPONSIBILITIES 2.1 The ()wiper shall provide lull information regarding requirements for the Project. The Owner shall furnish required information as expeditiously as necessary kW the orderly progress of the Work, and the Architect shall he enti- tled to rely on the accuracy and completeness thereof. 2.2 The Owner shall designate 0 representative authorized to act on the Owner's bchall with respect to the Project. The Owner or such authorized representative shall render deci- sions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS 3.1 The documents prepared by the Architect for this Proj- ect are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall he permit- ted to retain copies, including reproducible copies, of the Architect's documents for the Owner's information, reference and use in connection with the Project. The Architect's docu- ments shall not he used by the Owner or others on other proj- ects, for adclitions 10 this Project or for completion of this Project by others, unless the Architect is adjudged to be in default uncler this Agreement, except by agreement in writing and with appropriate compensation to the Architect. ARTICLE 4 ARBITRATION 4.1 Claims, disputes or other matters in question between the panics to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in :accordance with the Construction Industry Arbitr:t ion Rules of the American Arhit ration Association cur- rently in effect unless the panics mutually agree otherwise. 4.2 A demand for arbitration shall be made within a reason- able time alter the claim, dispute or other matter in question has arisen. In no event .shall the clemand for arbitration be made aver the dale when institution of legal or equitable pro- ceedings based on such claim, dispute or other matter in ques- tion would be barred by the applicable statutes of limitations. 4.3 No arbitration arising out of or relating 11 this Agreement shall include, by consolid:u ion, joinder or in any odor man- ner, an additional person or cnt ity not :a party to this Agree- ment, except by written consent containing a specific refer- ence- to this Agreement signed by the Owner, Architect and any other person or entity sought to he joined. Consent to arbitration involving :ID additional person or entity shall not constitute consent to arh itraiion of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbi- trate with an additional person or entity duly consented n by the parties to this Agreement shall he specifically enforce- able in accordance with applicable l ;1)v in any court having jurisdiction thereof. 4.4 The :Huard rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 TERMINATION OR SUSPENSION 5.1 This Agreement may be terminated by either party upon not less than seven clays' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 5.2 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect nay, upon seven days' written notice 10 the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven dams of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 5.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 5 !. 5.4 Termination Expenses shall be computed as a percentage of the compensation earned to the time of termination, as follows: .1 For services provided on the basis of a multiple of Direct Personnel Expense, 20 percent of the total Direct Personnel Expense incurred to the time of ter- mination; and .2 For services provided on the basis of a stipulated sum, 10 percent of the stipulated sum earned to the time of termination. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal plates of business of the Architect. 6.2 Causes of action between the panics to this Agreement pertaining w acts or failures to act shall be deemed In have accrued and the applicable statute of limicrtions shall cony mends to run hot Eater than the date payment is due the Archi- tect pursu:ant to Paragraph 8.4. AIA DOCUMENT B727 • OW NEIF,UtCI II I I:c ' AGREEMENT MEN'I' • 1911■ 0)11'1ON • AIA " • '919sH •'1'111: A,SIP:IIIC,N INSTITUTE 01' AI1c :I I1TECTS, 1735 NEW YORK AVENUE, N. \G'., \CASI I INCl0N, D.C. 20111)6 Page 8 8727 -1988 3