3.12. SR 03-20-2006 - Laserfiche WebLink

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.' ~ 1.3.8 TERMINATION OR SUSPENSION ~ 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to and shall be indemnified bv the Owner for delay or damage caused the Owner or others because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. ~ 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. ~ 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. ~ 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. ~ 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. ~ 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 1.3.8.7. ~ 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. 1.3.8.8 If a contract for construction has not been awarded within 30 calendar davs of the date of receiot of bids in which the budget for the Cost of the Work has not been exceeded bv the lowest bona fide bid or negotiated proposaL subsequent services ?rovided bv the Architect until execution of the Contract for construction shall be considered as Additional Services and the Architect shall be compensated on an hourly basis for these services until execution of a Contract for Construction. These additional services include. but are not limited to. meetings with the Owner and/or prospective Contractors. assistance with rebidding of work. evaluation of bids or proposed changes in bidding documents. analysis of product substitutions. etc. Execution of a Contract for Construction constitutes authorization by the Owner to the Architect to proceed with services of the Construction Phase. ~ 1.3.9 PAYMENTS TO THE ARCHITECT ~ 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. AlA Document B141lM -1997 Part 1. Copyright @1917, 1926, 1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA"" Document is protected by U.S. Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this AlA"" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:54:39 on 03/15/2006 under Order No.1 000195323_9 which expires on 9/812006, and is not for resale. User Notes: (1759163019)