01-06-2014 Council Agenda - Laserfiche WebLink

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§-I33 414 award rendered -try- Noe- artintiator{sj .,halT-be- final, and judgment may -be- entered open it in aee*wdai ce witlrapplieable law in any court- laving- jurisdieticuihereel= §- 83,4-Consolidationor-deinder §83A4-Bitheiymwty, at- Its-sele- diseretiel.i inay- teasel+ date- anarbitmtion- eeudneted- undeHlis- tlgrecnient -with -any etiter arbitt'atioiHe-whielrit -is-a- party- providedi hat {f}theiarbit1'atlen- ag`eement-goventing- theiotber- arbitHtH6n peri n+ ts- emisolidatieHa- arbitrations- to- be-eeuwetiduted ;ubstantiefy- itwe1ve -eommo 4.. (a)-the arbitrations-employ-materially .similar-procedural rules-and-methods-tbr-seleeting-arbitrator(s), §844:2- 1+fher- party, at its- sele-diserei -ieny uiay- inchide-by- joinder- Persensoreati ticssebstaatialdy- davulved -ie:t con moll{ tiwakm-of- faet- e-Fiaw- whose -imieseaeeifr-i'eE{alfedit -eo mplete -re let- is- te-be-aceerdcd in im=bitfiitieni provided- tliat-the- party - sought -to be joined consents- iii- writing-to sue-hi-joinder. €e senHear-biitfatieaa- iiwelvimgim additional - person -or entity -sha linen- eenstitute- consent- te- ubitratiomof- any eta+ m;- dimnite-oriothermiatter-in- question net- deser-ibed- inthe- written- eeusenti §8:3,4.2= 1fhe- Ownetittnd- Architect burnt -trr any- Persomor-entity- matlea- Party -isian- arb+trati nditeted- under-ihis Section- 11,3i- whetherhy- jotnder-or- eonselidation; die - sane- right: AfjeindeFnnd- CensotidaHOnafrthe- mutter and Aiehitect niideet f,r, Agfee merit: ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of perforinance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. 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. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services perforated prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement alter the other party has received written notice detailina'the'6asis of default and after allowing seven days to cure said default should the other party fail substantially to perform in accordance with the terns of this Agreement through no fault of the party .,initiaingthe tern ination_upentiot4ess dean- seven - clays` - written - notice- shouldthe- otherparty- fail - substantially -tie perform -b rdanse- witlrthe4errt?s -of this- Agreeinetii- trough- no- fault-efthe -pity initiating the termination, § 9.5 The Owner may terminate this Agreement upon not Tess than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services perforated prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not perforated by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ASA Document 2332" - 2009 (formerly 0141"CMn - 1992) . Copy doh 1992 mod 2009 by The Aoodcon Sn61.9 a¢0 of Aocla.ect0 . All aught() 19 11) 00x1:99 On 12/21/2013 under Order No, O9S9108143 1 whl expires on 10/20/2014, and i0 roc for resale. Utor N0t00: (1951156153) 23