Reso 98- 52 - Laserfiche WebLink

Home Browse Search

he in ,1LLord,lI1Lt' with the Construction Industrv Arbitration Rules nf the American Aroitration ,\SSOLi,ltion LUITelltly in L'llect. The demand for arbitration shall be filed in writing with the other party to thiS ,\greement and with the AmeriLan Arbitration '\ssoLiation. 7.2.3 r\ demand for aroitration shall be made within a reasonaole time after the claim, dispute or other matter in question has arisen. In no event shall the demand for aroitration oe made after the dalt' when institution of legal or equitaole proceedings oased on such claim, dispute or other matter in question would oe oarred by the appliLable statute of limitations. 7.2.4 1\:0 arbitration arising nut of or rdating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except ov \\Titten LOnsent LOntaining a specifiL referenLe to this Agreement and signed by the Owner, ArLhitect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person nr entity shall not constitute wnsentto arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or descrioed therein, The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall oe specifically enforceable in acwrdance with applicable law in any court having jurisdiction thereof. 7.2,5 The award rendered by the arbitrator or arbitrators shall be final. and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequencial damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 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, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the 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 Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time sc~edules shall be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, 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. 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 This Agreement may be terminated by either party 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. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I 11II 11'11 \ '" 0 o. .0 O. ...... '0 o'cx::::JSc c=:::J 101997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N,W. Washington, D.C. 20006-5292 ((V