Finance Committee - Agenda - 5/15/2019 - P34
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completed Project to make such representations. However, the Architect’s materials shall not include the Owner's
confidential or proprietary information :f the Owner has previously advised the Architect in writing of the specific
intormation considered by the Owner to be confidential or proprietary. The Owner shall provide professional eredit for
the Architect in the Owner’s promotional materials for the Project. This Secuon 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 sel 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 "business proprictary” information after 7 days’ notice io
the other party, when required by law, arbitralor’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 parly 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.
{fit 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 the fullest extent permitted by law. to give effect to the parties’ intentions and
purposes m executing the Agreement.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:
_
Supulated Sum
(insert amount)
143,700.00
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 of compensation)
§ 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services
required pursuant to Section 4.1.3, the Qwner shall compensate the Architect as follows:
(insert amount of, or basis for, compensation. if necessary. list spec iffe services to which particular methods of
compensation apply.)
Quoted for defined scope with prior approval
§ 14.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the
Owner shall compensate the Architect as follows:
Unsert amount of. or basis for, compensation.)
Quoted for defined scope with prior approval
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