Professional Services Agreement - KIL Architecture and Planning - Engineering Assistance for New Maintenance Storage Building

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§ 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement„ any claim, dispute or otter matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the patties mutually agree otherwise, shall be administered by the American. Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement, A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and tiled with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations, For statute of limitations purposes, receipt of written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with all additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, andjudgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 8.3.4 Consolidation or ,binder 8.14.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated Substantially involve common questions of law or f"act, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder, Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in tlhe written consent. § 8.3.4 3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the sane rights of joinder and consolidation as the Owner and Architect under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 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, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, tine Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of tl'he Arclhitect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9,2 If the Owner suspends the Project, 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. § 9.3 If the Owner suspends the Project for more than qt cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. a Init. ANA Document B'U07 T"' — 20'U7. Copyr¶ght Q 1974, 1978, 1967a 1997, 2007 and 2017'try The American Institute of Architects. AUI rights reserved. ryAttollNGr U"his AAA' Docu irnent is p roat�sasted Way tt,A. Copyright i yaw ��and IlnterimtiwW II irea�a le Unauthorized reproduction oar distribution of ►Wuas� AIAr Do arnnont, 19 or euuy pcwwtfraoiri of rk, may rlwsuuUt Uur sesera, aatlsri auwrU erauruUnuall paeraisptteay aind wpUp be Awcasm;maauted to the maarouuttoni extent U'acrss lllifle under the Uarus. This j document was produced by AIA software at 12:50:45 on 01 /1612018 under Order No. 2731703659 which expires on 01/16/2019, and is not for resale. User Notes: (3B9ACAIC)