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except by written consent containing a specific reference to ' this Agreement signed by the Owner,Architect, and any other Services earned to date if nation person or entity sought to be joined. Consent to arbitration occurs du rin esign Dev ent Phase; or involving an additional person or entity shall not constitute 3 Five percent of tai co tion for Basic and consent to arbitration of any claim, dispute or other matter in Add' er•ices earned to date I nation question not described in the written consent or with a person or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to ARTICLE 9 this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS :.,, .,.. . tie o o�oa, _ 9.1 Unless otherw tae provided, this Agreement shall be gov- a plic-WC 1— iaa .c^�^ 1—ving_jiiricrhrtinn ft,PrPnf erned by the laws of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AIA Document A201, General Conditions of the Con- tract for Construction,current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement 8.1 This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have not less than seven days' written notice should the other.party accrued and the applicable statutes of limitations shall com- fail substantially to perform in accordance with the terms of this mence to run not later than either the date of Substantial Com- Agreement through no fault of the party initiating the termination. pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- Completion. vices performed prior to notice of such suspension. \When the Project is resumed, the Architect's compensation shall be equi- othe d against the contractors, consultants, a an tably adjusted to provide for expenses incurred in the interrup- employees o other for damages,but only je extent cov- tion and resumption of the Architect's services. ered by property in ce during ruction, except such 8.3 This Agreement may be terminated by the Owner upon rights as they may have to t eeds of such insurance as se not less than seven days' written notice to the Architect in the forth in the edition of ocumen 1,General Conditions event that the Project is permanently abandoned. If the Project of the Cont r Construction, current as �teof is abandoned by the Owner for more than 90 consecutive days, Agr . The Owner and Architect each shall r the Architect may terminate this Agreement by giving written notice. 9.5 The Owner and Architect, respectively, bind themseh es, 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the partners, succes- •,nonperformance and cause for termination. sors,assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor 8.5 If the Owner fails to make payment when due the Archi- Architect shall assign this Agreement without the written con- tect for services and expenses, the Architect may, upon seven sent of the other. days'written notice to the Owner,suspend performance of ser- vices under this Agreement. Unless payment in full is received 9.6 This Agreement represents the entire and integrated agree- by the Architect within seven days of the date of the notice,the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice.In the event prior negotiations, representations or agreements, either writ- of a suspension of services, the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 Nothing contained in this Agreement shall create a contrac- 8.6 In the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect shall be compensated for services performed prior party against either the Owner or Architect. to termination, together with Reimbursable Expenses then due. ., 9.8 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the discovery,presence,handling, removal or disposal of or expo - B d Additional Services, and include expenses w ' are sure of persons to hazardous materials in any form at the Project directly a ' table to termination.Termination enses shall site, including but not limited to asbestos, asbestos products, be computed as rcentage of the to ompensation for polychlorinated biphenyl(PCB)or other toxic.substances. Basic Services and Ad I ' al Seri rned to the time of ter- mination, as follows: 9.9 The Architect shall have the right to include representa- tions of the design of the Project,including photographs of the .1 Twenty cent of the total c ensation for Basic exterior and interior, among the Architect's promotional and a dditional Services earned to da ' termination professional materials. The Architect's materials shall not occurs before or during the predesign,site a Sis,or include the Owner's confidential or proprietary information if gch@matie Design Pha5es, 8F the Owner has previously advised the Architect in writing of AIA DOCUMENT 0141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA® •01987 7 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution.