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January 28, 1998 <br />Mr, Del Erickson <br />Delano Erickson Architects <br />Elk River Ice Arena <br />Page 3 of 4 <br /> <br />reproduction or plotting of drawings, specifications and other documents <br />mileage <br /> <br />SUSPENSIONS OR TERMINATIONS OF SERVICES <br /> <br /> The'cllen{ ~)r LKPB may suspend or terminate any or all services covered by this agreement at any <br /> -time, 'subject-to the client's'gi~ing a minimum of five days .written notice to LKPB of suspension or <br /> 'termination. in the event of such suspension or termination by client, LKPBShall be paid for services <br /> _.mn.de. i, .~.' tbdAte of th® suspension or termination, incl .uding a!! unpaid Additional Services rendered <br /> arid ~.'.n.'~d ;ReirnbUr.S~ble'Expenses Incurred. (such payment shall be an amOUnt equal' to the' actual <br /> . h0ur~ 6f .Se~s fUrnished'at the: standard houriY rates contained herein~'not{O exceed the contract <br />"am°UPt.):"'.!.''' ':i-' .:. ":",' '. ' ' ~' ' . -- ' .- - . <br /> <br /> ". DISPUTE RESOLUTION <br /> <br /> AnY di,~ute, controversy or claim' arising out of or:relating to this agreement, or the breach thereof, <br /> shall :first be hegotiated in good faith by the parties.of this agreement to :reach 'a resolution to the <br /> dispute..If, within 30 days after such negotiation, the parties have not succeeded in negotiating a <br /> resolution to'the dispute, the parties may submit the dispute to non-binding mediation in accordance <br /> with the Construction Industry Mediation Rules of the American Arbitration Association currently in <br /> effect: Requests for mediation shall be filed in writing with the other party to this agreement and with <br /> the American Arbitration Association. Such requests for mediation shall be made within a reasonable <br /> time and in no event be made after the date when institution of legal or equitable proceedings based <br /> on such dispute would be barred by the applicable statute of limitations. <br /> <br />ASSIGNMENT <br /> <br />Neither the client nor LKPB may assign, sublet, or transfer any rights under, interest in, or <br />performance of this agreement including any claims for damages, breach of contract, or negligence, <br />including, but withoUt limitation, monies that may become due or monies that are due, without the <br />written consent of the other. <br /> <br />MISCELLANEOUS <br /> <br />Printing of report will be provided by Delano Erickson Architects. <br /> <br />It is understood that LKPB's contract will be with Delano Erickson Architects, the client. If the above <br />conditions are acceptable, please have both copies of this proposal agreement signed, retain one <br />copy for your files and return one copy to our office as a record of the client/engineer contract. <br /> <br /> <br />