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City of Sunny Isles Bead, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ARCHITECT'S ACCOUNTING RECORDS Records of the Architect's Direct Personnel Expenses. Consultant, and Reimbursable Expense pertaining to this Project shall be kept on a generally recognized accounting'basis and shall be available to the Owner or his authorized representative at mutually convenient times for a period of five (5) years from the date of this agreement. ARTICLE 11 TERMINATION OF AGREEMENT 11.1 TERMINATION FOR CAUSE OR MUTUAL AGREEMENT This Agreement may be terminated by either party upon thirty (30) days' notice by mutual agreement, or should one party fail substantially to perform in accordance with its terms through no fault of the other. Also, this Agreement may be unilaterally terminated by the Owner for refusal by the Architect to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Architect or his consultants in conjunction with this Agreement. In the event of termination,due to no fault of the Architect, the Architect shall be paid for services performed to termination date, including reimbursable expenses. 11.2 TERMINATION FOR CONVENIENCE The performance of work under this contract may be terminated by the Owner in accordance with this clause in whole, or from time to time in part, whenever the Owner shall determine that such termination is in the best interest of the Owner. Upon termination, the Architect shall be entitled to payment for work completed to the time of termination together with reimbursable expenses. ARTICLE 12 REUSE OF DOCUMENTS The Documents prepared pursuant to this Agreement shall not be used on other projects except by agreement in writing. Reuse or modification of the Architect's Documents in any manner, or authorization of reuse or modification by others, without the Architect's professional involvement will be at the Owner's sole risk and without liability to the Architect. The Owner shall indemnify and hold harmless the Architect, the Architect's consultants and agents and employees or any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees arising out of the unauthorized reuse of the Deliverables, whether such claims are brought in breach of contract, breach of warranty, negligence or other tort or otherwise. The foregoing use and delivery of documents is conditioned on the Architect having received from the Owner all payments properly due under this Agreement. r C1415- PERKINS& WILL ARCHITECTS INC. 18 L' i