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GJN4404 Rowell Brokaw Contract
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GJN4404 Rowell Brokaw Contract
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Last modified
8/25/2008 10:14:18 PM
Creation date
6/16/2008 9:32:37 AM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
Yes
External_View
No
GJN
004404
GL_Project_Number
965439
COE_Contract_Number
2007-03862
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§ 7.2.3 A demand for azbitration shall be made within a reasonable time after the claim, dispute or other matter in <br /> question has arisen. In no event shall the demand for azbitration be made after the date when institution of legal or <br /> equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable <br /> statute of limitations. <br /> § 7.2.4 I~A~azbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in <br /> any other manner, a;:ra~additional person or entity not a party , <br /> . o this Agreement but necessary to <br /> resolution of the issues in dispute⢠<br /> 7.2.5 The awazd rendered`by the azbitrator or arbitrators shall be final, and judgment may be entered upon it in <br /> accordance with applicable law in any court having jurisdiction thereof. <br /> § 7.3 CLAIMS FOa GON5E4UENTIAL DAMAGES <br /> nless the parties otherwise atrtee in writing, the Architect and the Owner shall be <br /> entitled to claim consequential damages for claims, disputes or other matters in question arising out of or relafing to <br /> this. Agreement. <br /> ARTICLE 8 TERMINATION OR SUSPENSION <br /> § 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be <br /> considered substantial`nonperformance and cause for termination or, at the Architect's option, cause for suspension <br /> of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of <br /> sei~ices, the Architect shall'give seven days' written notice to the Owner. In the event of a suspension of <br /> Services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such <br /> suspension of services.. Befoitt= resuming services, the Architect shall be paid all sums due prior to suspension and <br /> any expenses incurred in the`interruption and resumption of the Architect's services. The Architect's fees for the <br /> remaining services and the time schedules shall be equitably adjusted. <br /> 8.2 If the project is suspended`liq the Owner for more than 3~thirt 0 consecutive days, the Architect shall be <br /> compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect <br /> shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The <br /> Architect's fees. for the remaining services and the time schedules shall be equitably adjusted. <br /> <br /> I § 8~3 If the Project is suspended or the Architect's services are suspended for more than ninety (901 consecutive <br /> days, the Architect may terminate this Agreement by giving not less than seven days' written notice. <br /> § 8.4 This Agreement rt~ay be terminated by either party upon not less than seven days' written notice should the <br /> other party fail. substantially to perform in accordance with the terms of this Agreement through no fault of the party <br /> initiating the termination. <br /> § 85 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the <br /> I Architect for the Owner's convenience and without cause. <br /> § 8,6'In the event of termination not the fault of the Architect, the Architect shall be compensated for services <br /> performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as <br /> defined in Section 8.7. <br /> § 8.T Termination Expenses are in addition to compensation for the services of the Agreement and include expenses <br /> directly attributable to termination for which the Architect is not otherwise , <br /> ompensated. <br /> AIA Document B1S1TM -1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA's <br /> Document.is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°A Document, or any 1'I <br /> 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 <br /> was produced by AIA software at 08:16:55 on 04/11/2007 under Order No.1000258264_1 which expires on 10/412007, and is not for resale. <br /> User Notes: (1309649842) <br /> <br />
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