§ 8.1.3 The Architect and Owner waive consequential damages-for-claims, disputes, or other matiers AG cuee
arising -outotorreinngiothis Agreement This-mutual waiver isappheable-without limitation, to all consequential
damages due-to-either parly'sterminatien-of this Apreement, except as-specifedlly-provided fe S6Ctibn
9-Alntentionally omitted
§ 8.2.2 The-Ownerand Architect shall endeaverto resolve claims, disputes-and other matters in- question beuveen them
by mediatios-which, unless the parties mutually .aaree-oiherwise,-shall be adminisiered-by the American Arbitration
Assectation in-aecordance-with-its Construction Indust'y Mediation-Procedures in effect onmihe date-ul this
Agreement_A- request fur mediation shall be snade in writing, delivered iothe-other party-to-this Agreement. and filed
with the-person_ or entity-administerimg the-mediatien—The request-may-be made concurrently with the-fii ne-ofa
complaint-or other appropriate-demand for binding -dispate resehition but, in-such-event, med:ation shall preceed in
advance of binding dispute-resohition proceedings, which shall be stayed-pending-mediation-for a peried-of-60 days
fromthe date of filing.uniess-stayed fora longer period-by-agreement-of the -parties-or-court-order-H an arbitration
ee section,the- parties may nonetheless proceedto-the selection of the urbitraterts)
r-preceedings. Intentionally omitted
[| }-—--bitigation ine courtof competent jurisdichonX_|_ Litigation in the State of New Hampshire
Superior Court [Hillsborough South.
PAGE 19
§ 9.1 Hthe Owner -fails-to-make paymeniste-the Architect in-accordance-withthis Agreement, such failure-shall be
consideretl substantial nonpertormance and cause for termination or atthe Arehttects-option- cause forsuspension of
under this-Agreemenf the Architect-eleets to suspend services: the Architect shall give
faces are re notiee-te-the Owner-before suspending services. Inthe event-ofasuspension of services-the
Architect shall have ne-labilityto.the Owner-for delay-or damage caused the Owner beeause of such suspension-of
services Belere resuming services, the Owner shall pay-the Architect atL-sums- due prorie- suspensionand any
eee eee oe ee of the -Architect-¢ serviees- The Archieet’s fees for the
‘ equitably adjusted: The Architect shall give the Qwner twenty-one
@)D: days wr written notice of the Architect's intention to terminate or suspend provisions of Services. This notice shall
detail the Archilect’s specific reason(s) for its intended termination or suspension and shall state with specificity the
means by which the Owner may cure the alleyed reason,
§ 9.2 If the Owner suspends the Project the Architect shall -be-compensated- Bonsehibes peridemied Prat to netice-of
such suspension._When the Project is resumed the Architect shall be-compens:
imerrupien and -resumption of the Architect's serviees-The “Arehitect “s- fees-_for shecamaic ey servives-and-the time
schedules shall-be equitably adjusted:fails to make payments io the Architect that are otherwise due hereunder and are
not subject toa yood faith dispute, the Architect shall give the Owner fourteen eae adv: anced weritien. notice o of
ils intention to suspend Services. If the Owner fails either to pay or justify its lac
in accordance the terms of this Agreement Architect may give notice of suspension and suspend the | Services fix ve (5)
day thereafter. Services shall otherwise be performed continually and expeditiously, including during the pendency of
disputes. The suspension shall cease when payment in full of undisputed amounts is made.
§ 9.3 dethe-Ownersuspends-the- Project formere-than-06 cumulative days fer reasons-otherthan-the fault of the
Architect, the Archiectmay terminate-this-Apreement-by giving netless thun-seven days” written -notica-Lnless
otherwise noted herein or dicated in the Project Schedule most recently approved by the Owner, or unless caused by
the Architect if the Project is suspended by the Owner [or more than ninety (90) consecutive days, the Architect shall
be compensated for Services that were fully and satisfactorily performed prior to suspension and shall receive
equitable payment for the Architect’s demonstrated actual costs to remobilize 19 continue performance when Services
are recommended by request of the Owner,
§ 9.4 Either party may-terminatethis-A.greement-apen-neess than seven days’-written notice should the other party
einai rca i oer ieee eee the-party imibating the
se, for the Owner’s convenience
Additions and Deletions Report for AIA Document 8161™ 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects.
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