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el r 21 ' 90 14: 02 FROM ARCHITECTURAL I ILLI ANC PAGE , 005 TERMS AND CONDITIONS OF AGREEMENT BETWbEN OWNER AND ARCHITECT III . ARTICLE 2 matter in question not described in the written consent or with a person or entity not named or described therein.The OWNER'S RESPONSIBILITIES foregoing agreement to arbitrate and other agreements to arbi- trate with an additional person or entity duly consented to 2.1 The Owner shall provide full information regarding by the parties to this Agreement shall be specifically enforce- requirements for the Project. The Owner shall furnish able in accordance with applicable law in any court having required information IS expeditiously as necessary for the jurisdiction thereof. orderly progress of the Work.and the Architect shall be enti- fied to rely on the accuracy and completeness thereof. 4,4 The award rendered by the arbitrator or arbitrators shell be final.and judgement may be entered upon it in accordance 2.2 The Owner shall designate a represenrativc authorized with applicable law in any court having jurisdiction thereof. to act on the Owner's behalf with respect to the Project.The Owner or such authorized representative shall render ieri- ARTICLE 5 sions in a timely manner pertaining to.documents submitted by the Architect In order to avoid unreasonable delay In the TERMINATION OR SUSPENSION orderly and sequential progress of the Architect's services. 5.1 This Agreement may be terminated by either party upon ARTICLE 3 not less than seven days'written notice should the other parry USE OF ARCHITECT'S DOCUMENTS fail substantially to perform in accordance with the terms 01 this Agreement through no fault of the party initiating the termination. 3.1 The documents prepared by the Architect for this Projt cct are instruments of the Architect's service for use solely 5.2 If the Owner fails to make payment when due the Arehi- with respect to this Project and,unless otherwise provided, met for services and expenses,the Architect may,upon seven the Architect shall be deemed the author of these documents days' written notice to the Owner, suspend performance of and shall retain all common law,statutory and other reserved services under this Agreement. Unless payment in full is rights,including the copyright. The Owner shall be permit- received by the Architect within seven days of the date of the ted to retain copies, including reproducible copies, of the notice,the suspension shell take effect wit:tc?tar further notice rchitcers documents for the Owner's information,reference In the event of a suspension of services. the Architect shall and use in connection with the Project. Architect's The docu- have no liability to the Owner net delay or damage caused mcnts shall not be used by the Owner or others on other proj- the Owner because of such suspension of services. ects, for additions to this Project or for Completion of this 5.3 In the event of termination not the fault of the Architect, Project by others, unless the Architect is adjudged to be in the Architect shall be compensated for services performed default under this Agreement,except by agreement in writing and with appropriate compensation to the Architect. then to tcrmiration, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 5.4. ARTICLE 4 SA Termination Expenses shall be computed as a percentage ARBITRATION of the compensation earned to the rime of termination, as follows:• 4.1 Claims.disputes or other matters in question between the .1 for services provided on the basis of a multiple of attics toth'_• A- em-n '. . . . . e. Agreement or breach thereof shall be subject to and decided Direct Personnel Expense incurred to the rime of ter- by arbitration in accordance with the Construction Industry mination; and Arbitration Rules of the American Arbitration Association cur• .2 Pot ser/ices provided on the bassi;of a stipulated sum, renrir in effect unless the parties mutually agree otherwise. 10 percent oft e stipulated sum earned to the time 4.2 A demand for arbitration stall be made within a reason- of termination. able time after the claim,dispute or other matter in question has arisen. In no event shall the demand for arbitration be ARTICLE 5 made after the date when institution of legal or equitable pro- ceedings based on such claim.dispute or other matter in quer- MISCELLANEOUS PROVISIONS tion would be barred by the applicable statutes of limitations. 4.3 No arbitration arising out of or relatingKr this Agreement S 1 Unless tithe-lis provided,this Agreement shall tie gm:- rtcd by the law of the principal place of business of the shall include.by consolidation,joinder or in any ocher man- Architect. net,an additional person or entity not a party to this Agree- ment,except by written consent containing a specific refer- 8.2 Causes of action between the parties to this.Agreetnent Ince to this Agreement signed by the Owner. Architect and pertaining to acts or failUtcs LC} act shall be deemed to have v other person or entity sought to be joined. Consent to accrued and the applicable .,ranine of limitations •hall corn- ittation involving an additional person or entity shat not hence to run not'leter than the date payment is due the ArChi- coristitutc consent to arbitration of any claim,dispute or other tect pursuant to Paragraph b.-c. _ AU tlOCUMEt(T VW•OW,N_R-ARc4ITEC AGREEMENT•1.9an ED1T1ot•MAI •^yt08S•THE rtMEIUCAN INSTITUTE OF ARCHITECTS,1733 r+r v'i'O x 1YENi:E,N.V.,VAShINCTOPI.D.C.hoot,,; B727.1988 3 MNaparic t Ufa cartes ptltaccopying.iatatat u evpy.fsittt Isms and is fret to 11,-,Tt pc tuition. -