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<br />§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
<br />Architect’s consultants plus Fifteen percent ( 15 %) of the expenses incurred.
<br />§ 11.9 Paragraph Deleted
<br />§ 11.10 Payments to the Architect
<br />(Paragraphs deleted)
<br />§ 11.10.1 Initial Payments
<br />§ 11.10.1.1 An initial payment of Zero ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum
<br />payment under this Agreement. It shall be credited to the Owner’s account in the final invoice.
<br />§ 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of
<br />Zero ($ 0.00 ) shall be made upon execution of this Agreement for registration fees and other fees payable to the
<br />Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to the
<br />Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred.
<br />§ 11.10.2 Progress Payments
<br />(Paragraphs deleted)
<br />§ 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
<br />Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid Thirty ( 30 ) days after
<br />the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from
<br />time to time at the principal place of business of the Architect.
<br />(Insert rate of monthly or annual interest agreed upon.)
<br /> 4 % Four Percent APR
<br />§ 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated
<br />damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work,
<br />unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
<br />§ 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and
<br />services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.
<br />ARTICLE 12 SPECIAL TERMS AND CONDITIONS
<br />Special terms and conditions that modify this Agreement are as follows:
<br />(Include other terms and conditions applicable to this Agreement.)
<br /> The Architect must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
<br />applies to (1) all data provided by the Owner pursuant to this Agreement, and (2) all data, created, collected, received,
<br />stored, used, maintained, or disseminated by the Architect pursuant to this Agreement. The Architect is subject to all
<br />the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of
<br />Minn. Stat. § 13.08, as if it were a government entity. In the event the Architect receives a request to release data, the
<br />Architect must immediately notify the Owner. The Owner will give the Architect instructions concerning the release
<br />of the data to the requesting party before the data is released. Architect agrees to defend, indemnify, and hold the
<br />Owner, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Architect’s
<br />officers’, agents’, owners’, partners’ employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure
<br />and/or use of protected data. The terms of this section shall survive the cancellation or termination of this Agreement.
<br />Pursuant to Minn. Stat. § 471.425, subd. 4a, the Architect must pay any subcontractor within ten (10) days of the
<br />Architect’s receipt of payment from the Owner for undisputed services provided by the subcontractor. The Architect
<br />must pay interest of one and one-half percent (1½ %) per month or any part of a month to subcontractor on any
<br />undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an
<br />unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Architect shall pay the
<br />actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from
<br />the Architect shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action.
<br /> ™
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