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

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§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in tile Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep Such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or -bUSillCSS proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, Or Court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are: subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable, In such case the Agreement shall be construed, to tile fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 111.1 For the Architect's Basic Set -vices described under Article 3, the Owner shall compensate the Architect as follows: I Stipulated Sum (Insert amount) .2 Percentage Basis (Insert percentage value) ( ) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. 3 Other (Describe the method gfconilmnsation) Phase I Preiinlinary Desigm $7,500,00 Phase 11 Detailed Permits & Construction Documents: $20,000,00 Bidding Process: $1,750.00 Construction Administration: $2,400.00 AIA Document B101111-2017. Copyright@ 1974, 1978, 1987, 1997,2007 and 2017 by The American Institute of Architects. All rights reserved. WARNIING� (nit. Th4s MA"I Dc.vcuirvient !is piroteOed by US, CopyHght IL,aw and Mteirnafional TreaMes, khlauqhrifized reprodueflon or distribuflon clif iMs, MA", Docuimmt, 21 orany porthan u�4 Of, may result ki severe cWH and 011,11111hiall pemflfle�s, and wHi be prosecuted tu Ma rnaxiin"m extent possflWe under the Maw, This document was produced by MA software at 12:50:45 on 0111612018 under Order No. 2731703659 which expires on 0111612019, and is not for resale. User Notes: (3B9ADA1G)