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exmt ray w•cnten consent conniving : Specific rcicrence to
<br />•his Aplccmcm signed by the Owner, Architect, and any other
<br />;, rstm or emity sought to be joined. Consent to arbluration
<br />fn:•Dlving an additional person o1 entl or not
<br />oe matter
<br />In
<br />consent to arbitration of any dalm, disPater question not described In the written consent or with a person
<br />or entity not named or described thereto. The fofWLtg 29=-
<br />ment to arbitrate and other agoeemcns to arbltrne with an
<br />additional person or entity duty consented to by the parties to
<br />this Agreement AW be specifically enforceable in accordance
<br />with applicable law In any court having jurisdiction thereof.
<br />7.4 The award tendered by the arbitrator or arbitrators shall be
<br />,coal amd n judgment my beurt entered upon
<br />rag jurisdiction itinds accordance
<br />orere with
<br />ARTICLE 8
<br />TE6; ;INATION, SUSPENSION OR ABANDONMENT
<br />8.1 us Agreement may be termiruted by either party upon
<br />not ic.cs than seven days' written notice should the other party
<br />fail sunslmtiaily to perform in accordance with the Icons of this
<br />Agicvnent through no huh of tie party inhcting de termination
<br />.
<br />8.2 If the Project Ls suspended by the Owner for more than ;n
<br />consecutive clays, the Architect shall be Compensated for ser-
<br />vises performed prior to notice Of such suspension. When the
<br />Project is resumed. the Architect's compensation shall be equF
<br />tably adjusted to provide for agxases incurred in the interrup-
<br />tion and resumption Of the Archlica's services.
<br />6.3 This Agreement may be icrminaed by the owner upon
<br />not less thm seven clays' written notice to the Architect in the
<br />event that the Project is Permanently abandoned, If thr Polar
<br />is abandoned by the Owner for more than 90 consecutive days,
<br />the Architect nay team ilr this Agreement by giving written
<br />notice.
<br />8.4 Failure of the Owner tar make payments to the Architect in
<br />accordance with this Agramcni shall he consitierd substinful
<br />nonperhuroancc and cause for termination.
<br />8.5 If the Owner hits in make payment when due the Arend.
<br />trc fur servI m and expenses, the Architect may, upon seven
<br />days' written notice to the Owner, suslxnd performance of sir
<br />vices under this Agreement. unless Payment in full is received
<br />by the Architect within seven days of the date of the ^^nice, the
<br />suspension shall take effect wmhnut further notice. Ir me event
<br />of a susPnnsinn of scrvaes, the Arebhrct shill havc nu liability
<br />to the Owner for delay or damage aused the Owner txcause
<br />of such suspension of services.
<br />8.6 in rim event of termmtiun nut the failt of the Architect,
<br />the Atchacct shali he compcnsatrd for services ficdormed print
<br />n1 termination, mgcDcr with Nclnthuosable F:xjxnses then due.
<br />maion F.xyxnscs are in addition tan cumpcnsa
<br />Basic and A Mices, and include which arc
<br />directly attributable to gem - mnation Expenses shall
<br />be computed as a age of the It nation for
<br />Ilasir Sciv s Addifloml."icesanred to the All
<br />on, as follows:
<br />rcent it the lout cmopcnulion 1
<br />h, and Additional , nica11Iemunniun
<br />rxcrs ho fur I nc predesign, s1 ysw.i>t
<br />a ic Design Phases; err
<br />AIA DOCUMENT 6141 • OWNFR ARCIIITEIT AGRP.wA - • FOtIRTEFMII EDITION' AIAR • 019117
<br />To IF A1,1111CAN INSTITUTE Or ARC]IMAM. 1739 NE W YORK AVENUE, N.W., WAAl11NGTON, D.L. amd16
<br />7 B141-1987
<br />Tt of the lour compenvtbn fm Bu
<br />F
<br />ng any subsrohlent phase.
<br />ARTICLE 9
<br />MISCELLANEOUS PROVISIONS
<br />9.1 Unless otherwise provided, this AW=nen shag be 8ov
<br />erred by the bw or the State of Minnesota.
<br />92 Terms in thb Agreement shall have the come momling as
<br />those in AIA Document A201, Genml Conditions of the Con.
<br />train for Construction, current as of the date of fhb Agreerrlent.
<br />93 causes of action between the parks to this Agteanenl
<br />pcnaining to acts or failures fo act shag be dernued to have
<br />accrued and the applicable statutes of limitations shag com-
<br />mencc to run not later than either the date of SubstantW Com-
<br />pinion for acts or failures to act occurring prior to Substantial
<br />Completion, or the date of issuance of the final certificate for
<br />Payment for acts or failures to act occurring after Substantial
<br />Completion.
<br />9.4 The owner and Architect waive all rights against each
<br />other and against the contractors, consultants, agents and
<br />employees or the other for damages, but only to the extent cov
<br />crcd by property Insurance during construction. except such
<br />rights as they may have to the proceeds of such insurance as se
<br />forth in the edition of AIA Docurnait A201, General conditions
<br />of the Contra for Construction, cavern, as of the date of this
<br />Agreement. The Owner and Architect each shag require similar
<br />waivers from their contractors, consultants and agents.
<br />9.5 The Owner and Architect, respectively, bind themselves,
<br />thch partners, successors, assigns and legal rprrxntadvm to
<br />the other party to this Agreement and to the Pannets, succes'
<br />sors, assigns and legal rcprcanutivm of such other puny with
<br />resyxct to all covenants of this Agreement. Neither Owner nor
<br />Architect shall assign this Agreement without the written con•
<br />sent of the other.
<br />9.6 Thb Agreement represents the entire and integrated agtee-
<br />mcnt between the Owner and Architect and supersedes erg
<br />prior ncgnmtbns, rcpresrnutions or agreements, either writ.
<br />ten Or oral. This Agreemcm may he amended only by written
<br />instrument signed by both Owner and Architect.
<br />9.7 Nothing contained in this Agrecmenishall Create 2contrac•
<br />total rebffonship with or a cause of action In favor of a third
<br />party against either the Owner or Architect.
<br />9.6 Unless ulherwise pmvided In this Agreement. the Architect
<br />and Architect's consultants shall have no responsibility for the
<br />discovery, presence, handling, mein ai or disposal of or expo-
<br />swc of persons to hazardous materials in any farm at the PrOJW
<br />site, including but net limited to asbestos. astucwos products,
<br />polychlorinated biphenyl (PCU) or other toxic sutavarxcs.
<br />9.9 The Architect shall have the right to Include reproenu-
<br />tions of the design of the Project, including photographs of the
<br />exterior and interior, among the Architect's promotional and
<br />profmiomi maedats. The Architect's malariab shall not
<br />Include the owner's confidential Or Proprieury Infomutbn If
<br />the Owner has previously advised the Architect in writing of
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