Agenda

§ 10.8.1 The receiving party may disclose “confidential” or “business proprietary” information after 7 days’ notice to
the other party, when required by law, arbitrator’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 party may also disclose such

.1 Termination Fee:
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2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service:
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§ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of
Substantial Completion.

§ 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 9.7.

§ 8.3.4 Consolidation or Joinder

§ 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).

§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this
Agreement.

ARTICLE 8 CLAIMS AND DISPUTES

§ 8.1 General

§ 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of
or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the
binding dispute resolution method selected in this Agreement and within the period specified by applicable law.

§ 8.2 Mediation

give written approval of an increase in the budget for the Cost of the Work:

authorize rebidding or renegotiating of the Project within a reasonable time;

terminate in accordance with Section 9.5:

in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
the Cost of the Work; or,

5 implement any other mutually acceptable alternative.

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§ 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the
Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance
of any direct communications between the Owner and the Contractor otherwise relating to the Project.
Communications by and with the Architect’s consultants shall be through the Architect.

ARTICLE 5 OWNER’S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written program, which shall set forth the

Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility;
expandability; special equipment; systems; and site requirements.

building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments
of Service were prepared in accordance with the applicable standard of care;

4 — Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure
of performance on the part of the Owner or the Owner’s consultants or contractors;

.) Preparing digital models or other design documentation for transmission to the Owner’s consultants
and contractors, or to other Owner-authorized recipients;

Supplemental Services Responsibility
(Architect, Owner, or not provided)

§ 4.44.23 Commissioning

§ 4.11.24 Sustainable Project Services pursuant to Section
4.1.3

§ 4.1.1.25 Fast-track design services

§ 4.11.26 Multiple bid packages

§4.4.1.27 Historic preservation

§4.1.1.28 Furniture, furnishings, and equipment design

§4.1.1.29 Other services provided by specialty Consultants

§ 4.1.1.30 Other Supplemental Services

§ 4.1.2 Description of Supplemental Services

affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other
documentation required of the Contractor under the Contract Documents.

§ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility
operations and performance.

ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES

§ 4.1 Supplemental Services