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6.2 In no event shall the demand for arbitration be made
<br />after the date when institution of legal or equitable
<br />proceedings based on such claim, dispute or other matter in
<br />question would be barred by the applicable statutes of
<br />limitations.
<br />6.3 The award rendered by the arbitrator or arbitrators
<br />shall be final, and judgment may be entered upon it in
<br />accordance with applicable law in any court having
<br />jurisdiction thereof.
<br />ARTICLE 7
<br />TERMINATION, SUSPENSION OR
<br />ABANDONMENT
<br />7.1 This Agreement may be terminated by either party
<br />upon not less than seven days' written notice should the other
<br />party fail substantially to perform in accordance with the
<br />terms of this Agreement through no fault of the party
<br />initiating the termination.
<br />7.2 If the Project is suspended by the Owner for more
<br />than 30 consecutive days, the Architect shall be compensated
<br />for services performed prior to notice of such suspension.
<br />When the Project is resumed, the Architect's compensation
<br />shall be equitably adjusted to provide for expenses incurred in
<br />the interruption and resumption of the Architect's services.
<br />7.3 This Agreement may be terminated by the Owner
<br />upon not less than seven days' written notice- to the Architect
<br />in the event that the Project is permanently abandoned. If the
<br />Project is abandoned by the Owner for more than 90
<br />consecutive days, the Architect may terminate this Agreement
<br />by giving written notice.
<br />7.4 Failure of the Owner to make payments to the
<br />Architect in accordance with this Agreement shall be
<br />considered substantial nonperformance and cause for
<br />termination.
<br />7.5 If the Owner fails to make payment when due the
<br />Architect for services and expenses, the Architect may, upon
<br />seven days' written notice to the Owner, suspend performance
<br />of services under this Agreement. Unless payment in full is
<br />received by the Architect within seven days of the date of the
<br />notice, the suspension shall take effect without further notice.
<br />In the event of a suspension of services, the Architect shall
<br />have no liability to the Owner for delay or damage caused the
<br />Owner because of such suspension of services.
<br />7.6 In the event of termination not the fault of the
<br />Architect, the Architect shall be compensated for services
<br />performed prior to termination, together with Reimbursable
<br />Expenses then due and all Termination Expenses as defined
<br />in Paragraph 7.7.
<br />7.7 Termination Expenses are in addition to the
<br />Architect's compensation, and include expenses which are
<br />directly attributable to termination.
<br />ARTICLE 8
<br />MISCELLANEOUS PROVISIONS
<br />8.1 Unless otherwise provided, this Agreement shall be
<br />governed by the law of the principal place of business of the
<br />Architect.
<br />8.2 Terms in this Agreement shall have the same
<br />meaning as those in AIA Document A201, General
<br />Conditions of the Contract for Construction, and in AIA
<br />Document A271, General Conditions of the Contract for
<br />Furniture, Furnishings and Equipment, as appropriate, current
<br />as of the date of this Agreement.
<br />8.3 Causes of action between the parties to this
<br />Agreement pertaining to acts or failures to act shall be
<br />deemed to have accrued and the applicable statutes of
<br />limitations shall commence to run not later than either the
<br />date of Substantial Completion for acts or failures to act
<br />occurring prior to Substantial Completion, or the date of
<br />issuance of the final Certificate for Payment for acts or
<br />failures to act occurring after Substantial Completion.
<br />8.4 The Owner and Architect waive all rights against
<br />each other and against the contractors, consultants, agents and
<br />employees of the other for damages, but only to the extent
<br />covered by property insurance during construction and
<br />installation, except such rights as they may have to the
<br />proceeds of such insurance set forth in the editions of AIA
<br />Document A201, General Conditions of the Contract for
<br />Construction, and AIA Document A271, General Conditions
<br />of the Contract for Furniture, Furnishings and Equipment,
<br />current as of the date of this Agreement. The Owner and
<br />Architect each shall require similar waivers from their
<br />contractors, consultants and agents.
<br />8.5 The Owner and Architect, respectively, bind
<br />themselves, their partners, successors, assigns and legal
<br />representatives to the other party to this Agreement and to the
<br />partners, successors, assigns and legal representatives of such
<br />other party with respect to all covenants of this Agreement.
<br />Neither Owner nor Architect shall assign this Agreement
<br />without the written consent of the other.
<br />8.6 This Agreement represents the entire and integrated
<br />AIA DOCUMENT B177 - ABBREVIATED FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES - 1990 EDITION - AIA - COPYRIGHT 1990 - THE
<br />AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292 - ASID - COPYRIGHT 1990 - THE
<br />AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C., 20002.; Unlicensed photocopying
<br />violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced
<br />without violation until the date of expiration as noted below.
<br />Electronic Format B177-1990
<br />User Document: 9717INT.DOC — 4/3/1998. AIA License Number 100329, which expires on 9/30/1998 — Page #5
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