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  2. Finance Committee - Agenda - 8/17/2016 - P48

Finance Committee - Agenda - 8/17/2016 - P48

By dnadmin on Mon, 11/07/2022 - 09:50
Document Date
Wed, 08/17/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/17/2016 - 00:00
Page Number
48
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081720…

incurred in the interruption and resumption of the Architect’s services. The Architect’s fees
services and the time schedules shall be equitably adjusted.

for the remaining

§ 9.2 If the Owner suspends the Project, 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 remaini
schedules shall be equitably adjusted.

§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other
Architect, the Architect may terminate this Agreement by giving not less than seven days’ \

§ 9.4 Either party may terminate this Agreement upon not less than seven days’ written noti

the termination.

me-services and the time

the fault of the

thar
emcee

written Notice.

ad
e should the other party

fail substantially to perform in accordance with the terms of this Agreement through no mt ofithe party initiating

§ 9.5 The Owner may terminate this Agreement upon not Jess than seven days’ written notiéé
Owner’s convenience and without cause.

i the snes for the

§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compersa la for s

performed prior to termination, together with Reimbursable Expenses then due and all Termination Exp:

defined in Section 9.7.

uses as

§ 9.7 Termination Expenses are in addition to compensation for the-Architect’s services and

Architect’s anticipated profit on the value of the services not performed by the Architect.

§ 9.8 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of thie

Agreement are set forth in Article 7 and Section 11.9.

ARTICLE 10 MISCELLANEOUS PROVISIONS -
§ 10.1 This Agreement shall be governed by the law of the place where the Project is locat

"except tii ef
parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration sesenee govern

Section 8.3.

§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A2!

4
wo “— 4
. Lan
—_—
“ i :
Pe
|

01-2007, General

nsinde expenses____| /
directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the

Conditions of the Contract for Construction, except as modified in this Agreement. The term meee * as used in Le | :

A201-2007 shall mean the Construction Manager.

§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assign:

representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agi
written consent of the other, except that the Owner may assign this Agreement to a lender 7

a
ae

t th

ing
2

[rnd legal’

nent witho
ding finan

een

rovi for

the Project if the lender agrees to assume the Owner’s rights and obligations under this Agr

§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of

VCnent.

uch certificates shall be i

submitted to the Architect for review at least 14 days prior to the requested dates of executi

On TP the OWwier Teqaesty

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
Architect for review at least 14 days prior to execution. The Architect shall not be required

consents that would require knowledge, services or responsibilities beyond the scope of this Aeregatt.

§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a
ofa third party against either the Owner or Architect.

§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibilf
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials

submitted-torthe-----—~....
to ex€cute certificates oN

i

f
mi of action in favor \\
Ly for the discovery, !

form at the Project site.

1 toxic substances m nany

AIA Document B133™ - 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is

protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution

of this ATA® Document, or any

portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

This draft was produced by AIA software at 12:43:58 on 07/15/2016 under Order No.1575871642_1 which expires on 02/08/2017,

resale.
User Notes:

and is not’ for

(1146770772)

19

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Finance Committee - Agenda - 8/17/2016 - P48

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