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§ 8,3,1.1 A demand for arbitration shall be nlado no earlier than conc:urrcrltly with the film; of a requatit for -
<br />mediation, but in no event shall it be made after, the dale when situ inslilulion of legal or equitable proceedings based
<br />on the claini, dispute or other matter in question would be barred by the applicable statute of limitations. l,or statute
<br />of limitations purposes, receipt of a written demand for arbitration by the person or entity adnlilristering the
<br />arbitration shall constitute the inslilulion of Iegal or equitable procccdings based on the claim, dispute or other
<br />matter in question.
<br />§ 83.2 The foregoing agreement to arbitrate and other- agreements to arbitrate with an additional person or, entity
<br />duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in
<br />tiny court having,jurisdiction thereof.
<br />§ 8.3.3 The award rendered by the arbitrntor(s) shall be final, arld judgment may be entered upon it in accordance
<br />with applicable law if] any Court hitvingjl-irlsdlcLion thereof,
<br />§ 8.3.4 CONSOLIDATION OR JOINDER
<br />§ 8,3.4,1 Either party, at its sole discretion, ruay consolidate an ar'bilr•adon collducLod Under this Agreernellt with ally
<br />other arbitration to which it is a party provided that ( I) the arbitration agrcr:tnent governing the other arbitration
<br />permits consolidation; (2) the arbitrations to he consolidated substantially involve conlnion questions of law or fuel;
<br />and (3) the arbitrations employ materially similar procedural rules and methods Jor Selecting arbitrator(s).
<br />§ 8.3.4.2 Either party, at its sole discretion, play include byjoinder persons or entities substantially involved in it
<br />conlnton question of law or fact whose presence is required if complete relief Is to be accorded in arbitration,
<br />provided that the party sought to bejoined consents in writing to such joinder. Consent to arbitration involving an
<br />additional person or entity shall not constitute consent to arbitration of any claim, dispute or other platter in question
<br />not described in the written consent.
<br />§ 6.3.4.3 The Owner and Architect gran( to any person or entity made a party to an arbitration conducted under this
<br />Section 8.3, whether by joinder or cunsolidation, the same rights ofjoinder and consolidation as the Owner and
<br />Architect under this Agreement.
<br />ARTICLE 9 TERMINATION OR SUSPENSION
<br />§ 9.1 If the Owner fails to mnke payments to the Architect in accordance with this Agrceincr 1, such Failure shall he
<br />considered Substantial nonperformance and cause for termination or-, at the Architect's option, cause for suspension
<br />of performance of services under this Agreetent. If the Architect elects to suspend services, the Architect shall give
<br />seven days' written notice to the Owner bckwe suspending services. In the event ol'a suspension ol'scrvices, the
<br />Architect shall have no liability to the owner for delay or damage caused the Owner because of such suspension of
<br />services. Before resuming services, the Architect shrill he paid ills sums due prior to suspension and any expenses
<br />incurred in the interruption and resumption of the Architect's service~, The Architect's fees for the remaining
<br />services and the time schedules shall be equitably adjusted.
<br />§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of
<br />such suspension, When the Pro'icct is resumed, the Architect shall he compensated for expenses incurred in the
<br />interruption and r"tinlption of the Architect's services. Thu Architect's fees for the remaining services and the tillle
<br />schedules shall be equitably adjusted.
<br />§ 9.3 If the Owner suspends the Prolccl for more than 90 cumulative days fan- reasons other shun the fault of the
<br />Architect, the Architect play terminate. this Agreement by giving nut less than seven days' wrillun notice,
<br />§ 9.4 L'ithcr party nifty termiriale. This Agrecnleni npoll not less than ;even days' written uolice should the other party
<br />fail substantially to perform in accordaticc wilh the terms of this Agreement Through rho faull of the party initiating
<br />the termination.
<br />§ 9,5 The owner may tertninate this Agreenlcrlt upon not less than seven days' written notice to the Architect f'or the
<br />Owner's convenience and without cause.
<br />§ 9.6 In the event of lcrmination not the fatilt of the Architect, the. Architect shall he compensated for services
<br />performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
<br />defined in 5cc600 9.7.
<br />Init.
<br />AIA D(eument B IN"l— 2007. Copyright f1 1974 19/8 1981, 199/ and ?001 by The American in lQuie of Archlte<[ Alt rIghts reserved
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<br />1 r ,L- , Purchasers are permitleo to reproduce ten { 10) copies of tnis document when coinplcLed. 10 report copyright violOons o1 A[A Contracl Documenls, e
<br />mail The Anieriran Ins Nuts of Architects' iega- counsel, copynghtOnaia,org.
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