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ARTICLE 5. TERMINATION <br />This Agreement may be terminated by either party upon seven (7) days' written notice <br />to the other party as follows: <br />5.1 The OWNER may, by written notice, terminate this agreement in whole or in part <br />at any time for the OWNER's convenience and either party may terminate this <br />Agreement should the other party fail substantially to perform in accordance with <br />the terms hereof through no fault of the party initiating such termination. Upon <br />receipt of such notice, services shall be: (1) immediately discontinued (unless the <br />notice directs otherwise), and (2) all data, drawings, specifications, reports, <br />estimates, summaries and such other information and materials as may have <br />been accumulated in performing this Agreement where completed or in process <br />delivered to the OWNER. If such information has not been finalized by the <br />CONSULTANT, CONSULTANT shall not be responsible for its accuracy. <br />5.2 If the termination is for the convenience of the OWNER, CONSULTANT shall be <br />compensated for services performed prior to termination, together with <br />reimbursable expenses then due and other normal business expenses directly <br />attributable to termination for which the CONSULTANT is not otherwise <br />compensated. <br />5.3 If, after notice of termination for failure to fulfill Agreement obligations, it is <br />determined that the CONSULTANT had not so failed, the termination shall be <br />ILI deemed to have been effected for the convenience of the OWNER. In such <br />event, CONSULTANT shall be compensated as provided in Paragraph 5.2 of this <br />clause. <br />G <br />5.4 The rights and remedies of the OWNER provided in this clause are in addition to <br />any other rights and remedies provided by law or under this Agreement. <br />ARTICLE 6. DISPUTE PROVISION <br />6.1 In an effort to resolve any conflicts that arise during the design and construction <br />of the Project or following the completion of the Project, the OWNER and the <br />CONSULTANT agree that all disputes between them arising out of or relating to <br />this Agreement or the Project shall be submitted to nonbinding mediation unless <br />the parties mutually agree otherwise. <br />The OWNER and the CONSULTANT further agree to include a similar mediation <br />provision in all agreements with independent contractors and consultants <br />retained for the Project and to require all independent contractors and <br />consultants also to include a similar mediation provision in all agreements with <br />their subcontractors, sub - consultants, suppliers and fabricators, thereby <br />providing for mediation as the primary method for dispute resolution between the <br />parties to all those agreements. <br />Page 5 of 7 <br />