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

Home Browse Search

§ 9.4 Either party may terminate this Agreement 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. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 If tile Owner terminates this Agreement for its convenience pursuant to Section 9,5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination Of Consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 93, the Owner shall pay to the Architect the following fees: (Set forth below the anfount of anjs termination or licensingfee, or the method for° determining any termination or fleensingfiee) Termination Fee: ,2 l,icensing Fee if the Owner intends to continue using the Architect's Instruments of Service: § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion, § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner not- the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations tinder this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10A If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is, submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, set -vices, or responsibilities beyond the scope of this Agreement, § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either tile Owner or Architect. finV AIA Document 8101 TM - 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ali rights reserved. VVAIRPQNG� This AW-1, 01=3MOPIt i$ proteMed by LJS, Colpy0ght ILaw wtd 'ryeatiom UnautlhoirNed repvoductkm or ddstpiliwflon offfffs AW11 DocufTwint, or irqpiarfion of ft, may resurt in severe dwH and crhrOna� imnoWes, avid MH be IGrrosemwVsed to ffie maxhnum extevil pim&We uindeithe law. TWs 20 document was produced by AIA software at 12:50:46 on 01/1612018 under Order No, 2731703659 wNch expires on 01/16/2019, and is not for resale. User Notes; (3B9ADAIC)