2020-26 - Approve Design Build of Cove Church

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ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination or Suspension Prior to Execution of the Design -Build Amendment § 13.1.1 If the Owner fails to make payments to the Design -Builder for Work prior to execution of the Design -Build Amendment in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Design -Builder's option, cause for suspension of performance of services under this Agreement. If the Design -Builder elects to suspend the Work, the Design -Builder shall give seven days' written notice to the Owner before suspending the Work. In the event of a suspension of the Work Me Design -Builder shall have no liability to the Owner for delay or damage caused by the suspension of the Work. B`b ore resuming the Work, the Design -Builder shall be paid all sums due prior to suspension and any expenses furred in the interruption and resumption of the Design -Builder's Work. The Design -Builder's compensat on: for. and time to complete, the remaining Work shall be equitably adjusted. § 13.1.2 If the Owner suspends the Project, the Design -Builder shall be compensated for the Work performed prior to notice of such suspension. When the Project is resumed, the Design -Builder shall be compeated for expenses incurred in the interruption and resumption of the Design -Builder's Work. The Design -Builder's compensation for, and time to complete, the remaining Work shall be equitably adjusted. § 13.1.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Design -Builder, the Design -Builder may terminate this Agreement by giving not less than seven :days' written notice. § 13.1.4 Either party may terminate this Agreement upon not less than seven days' written ndt�ie� s�� the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 13.1.5 The Owner may terminate this Agreement upon not less than seven days' written notice to th e Design - Builder for the Owner's convenience and without cause. § 13.1.6 In the event of termination not the fault of the Design -Builder, the Design -Builder shah be compensated for Work performed prior to termination, together with Reimbursable Expenses then due and any*ether: expenses directly attributable to termination for which the Design -Builder is not otherwise compensato event shall the Design -Builder's compensation under this Section 13.1.6 be greater than the compensation set forth, in Section 2.1. § 13.2 Termination or Suspension Following Execution of the Design -Build Amendment § 13.2.1 Termination by the Design -Builder § 13.2.1.1 The Design -Builder may terminate the Contract if the Work is stopped for a period Qf 3 0 c©rzsecutive days through no act or fault of the Design -Builder, the Architect, a Consultant, or a Contractor, or then^ merits or employees, or any other persons or entities performing portions of the Work under direct or indirect ,Contract with the Design -Builder, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that' "es all Work to be stopped, t .2 An act of government, such as a declaration of national emergency that requires all work to be stopped; .3 Because the Owner has not issued a Certificate for Payment and has not notified the Design -Builder of the reason for withholding certification as provided in Section 9.5.1, or becaus'Nr er has not made payment on a Certificate for Payment within the time stated in the Design -Build Documents; or .4 The Owner has failed to furnish to the Design -Builder promptly, upon the Desigrlder's request, reasonable evidence as required by Section 7.2.7. =h § 13.2.1.2 The Design -Builder may terminate the Contract if, through no act or fault of the Desl;Lign-Bonder, the Architect, a Consultant, a Contractor, or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Design -Builder, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 13.2.3 constitute in the aggreg t' more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day.period; whichever is less. AIA Document A1411 - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA9 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 2 8 law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is not for resale. User Notes: (3B9ADA54)