Laserfiche WebLink
• items referred to in this Agl'eement are incorporated or attached and are <br /> deemed to be part of this Agreement. <br /> b. Any material alterations, variations, modifications, or waivers of provisions <br /> of this Agreement shall only be valid when they have been reduced to <br /> writing as an amendment to this Agreement signed by the parties hereto. <br /> 11. DEFAULT AND CANCELLATION <br /> a. If Architects fail to perform any of the provisions of this Agreement or so <br /> fail to administer the work as to endanger the performance of this <br /> Agreement, this shall constitute a default. Unless the default is excused, <br /> the HRA may, upon written notice, immediately cancel the Agreement in <br /> its entirety. <br /> b. The HRA's failure to insist upon strict performance of any provision or to <br /> exercise any right under this Agreement shall not be deemed a <br /> relinquishment or waiver of the same, unless consented to in writing. <br /> Such consent shall not constitute a general waiver or relinquishment <br /> throughout the entire term of the Agreement. <br /> • c. If the Agreement is canceled, Architects will be paid for percent of work <br /> completed to the date of cancellation. <br /> 12. CONTRACT ADMINISTRATION <br /> The HRA is managing the Contract in consultation with several cities as outlined <br /> in Exhibit C. From time to time, meetings shall be held between Architects, the <br /> HRA, and the cities identified in Exhibit C. <br /> 13. MEDIATION/ARBITRATION CLAUSE <br /> If a dispute arises out of or relates to this Agreement, or breaching of the <br /> Agreement, and if the dispute cannot be settled through direct discussions, the <br /> Architects and the HRA agree to first endeavor to settle the dispute in an <br /> amicable manner by mediation administered by the Mediation Center, <br /> Minneapolis, before resorting to arbitration. If mediation is unsuccessful, the <br /> dispute shall be settled by arbitration administered by the Mediation Center, <br /> Minneapolis. Architects and the HRA will each pay one-half the cost of <br /> mediation/arbitration. <br /> 14. NOTICES <br /> • Any notice or demand which must be given or made by a party hereto under the <br /> terms of this Agreement shall be in writing. <br /> 4 <br />