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AFiTICLE 6
<br />USE OF ARCFiITECl''S DR,4WINGS,
<br />SPECIFICATIONS ,4ND OTHEFi DOCUMEfVTS
<br />6.1 The Drawings, Specifications and other docuinents pre-
<br />pared by the Architect for this Project are instruinents of the
<br />Architect's service for use solely with respect to this Project
<br />and, unless otherwise provided, the Archiceet shall be deemed
<br />the author of these documents and shall retain all coinmon
<br />law, statutory and other reserved rights, including the copy-
<br />right. The Owner shall be permitted to retain copies, including
<br />reproducible copies, of the Architect's Drawings, Specifica-
<br />tions and other documents for infornlation and reference in
<br />connection with the Owner's use and occupancy of the Proj-
<br />ect. The Architect's Drawings, Specifications or other docu-
<br />ments shall not be used by the Owner or others on other proj-
<br />ects, for additions to this Project or for completion of this
<br />Project by others, unless the Architect is adjudged to Ue in
<br />default under this Agreement, except by agreement in writing
<br />and with appropriate compensation to the Architect.
<br />6.2 Submission or distribution of documents to ineet official
<br />regulatory requirements or for siinilar purposes in connec-
<br />tion with the Project is not to be construed as publication
<br />in derogation of the. Architect's reserved rights.
<br />. 64RTICL.E 7
<br />AFiBITRAYION
<br />7.1 Glaims, disputes or other matters in question between the
<br />parties to this Agreement arising out of or relating to this
<br />Agreement or breach thereof shall be subject to and decided
<br />by arbitration in accordance with the Construction Industry
<br />Arbitration Rules of the American Arbitration Association cur-
<br />rently in effect unless the parties mutually agree otherwise.
<br />7.2 Demand for arbitration shall be filed in writing with the
<br />other party to this Agreement and with the American Arbitra-
<br />tion Association. A demand for arbitration shall be inade
<br />within a reasonable time after the claim, dispute or other mat-
<br />ter in question has arisen. In no event Shall the deinand for
<br />arbitration be made after the date when institution of legal
<br />or equitable proceedings based on such claim, dispute or other
<br />matter in question would be barred by the applicable statutes
<br />of limitations.
<br />7.3 No arbitration arising out of or relating to this Agreement
<br />shall include, by consolidation, joinder or in any other inan-
<br />ner, an additional person or entity not a parry to this Agree-
<br />ment, except by written consent containing a specific refer-
<br />ence to this Agreement signed by the Owner, Architect, and
<br />any other person or entity sought to be joined. Consent to
<br />arbitration involving an additional person or entity shall not
<br />constitute consent to arbitration of any claim, dispute or other
<br />matter in question not described in the written consent or
<br />with a person or entity not named or descriUed therein. The
<br />foregoing agreement to arUitrate and other agreements to
<br />arbitrate with an additional person or entity duly consented
<br />to by the parties to this Agreement shall be specifically enforce-
<br />able in accordance with applicable law in any court having
<br />jurisdiction thereof.
<br />7.4 The award rendered by the arbitrator or arbitrators shall
<br />be final, and judginent may be entered upon it in accordance
<br />with applicable law in any court having jurisdiction thereof.
<br />ARYICLE 8
<br />TERMINAT90N, SUSPENSION OR
<br />.4BANDONMENT
<br />8.1 This Agreement may be terminated by either party upon
<br />not less than seven days' written notice should the other party
<br />fail substantially to perform in accordance with the terms of
<br />this Agreement through no fault of the party initiating
<br />the termination.
<br />8.2 If the Project is suspended by the Owner for more than
<br />30 consecutive days, the Architect shall be compensated for
<br />services performed prior to notice of such suspension. When
<br />the Project is resumed, the Architect's compensation shall be
<br />equitably adjusted to provide for expenses incurred in the
<br />interruption and resumption of the Architect's services.
<br />8.3 This Agreeinent may be terininated by the Owner upon
<br />not less than seven days' written notice to the Architect in
<br />the event that the Project is permanently abandoned. If the
<br />Project is abandoned by the Owner for more than 90 con-
<br />secutive days, the Architect may terminate this Agreement by
<br />giving written notice.
<br />8.4 Failure of the Owner to make payments to the Architect
<br />in accordance with this Agreement shall be considered sub-
<br />stantial nonperformance and cause for termination.
<br />8.5 If the Owner fails to make payinent when due the Archi-
<br />eect for services and expenses, the Architectmay, upon seven
<br />days' written notice to the Owner, suspend performance of
<br />services under this Agreement. Unless payment in full is
<br />received by the Architect within seven days of the date of the
<br />notice, the suspension shall take effect without further notice.
<br />In the event of a suspension of services, the Architect shall
<br />have no liability to the Owner for delay or damage caused
<br />the Owner because of such suspension of services.
<br />8.6 In the event of termination not the fault of the Architect,
<br />the Architect shall be compensated for services performed
<br />prior to termination, together with Reimbursable Expenses
<br />then due and all Termination Expenses as defined in Para-
<br />graph 8.7.
<br />8.7 Termination Expenses are in addition to compensation
<br />for Basic,and Additional Services, and include expenses which
<br />are directly attributable to termination. Termination Expenses
<br />shall be computed as a percentage of the total coinpensation
<br />for Basic Services and Additional Services earned to the time
<br />of termination, as follows:
<br />.1 Twenty percent of the total compensation for Basic and
<br />Additional Services earned to date if termination occurs
<br />before or during the predesign, site analysis, or Sche-
<br />matic Design Phases; or
<br />.2 Ten percent of the total compensation for Basic and
<br />Additional Services earned to date if termination occurs
<br />during the Design Development Phase; or
<br />.3 Five percent of the total compensation for Basic and
<br />Additional Services earned to date if terinination occurs
<br />during any subsequent phase.
<br />ARTICLE 9
<br />MISCELLANEOUS PR01iISIONS
<br />9.1 Unless otherwise provided, this Agreement shall be gov-
<br />erned by the law of the place where the Project is located.
<br />9.2 Terms in this Agreement shall have the same meaning
<br />as those in the edition of AIA Docuinent A201/CMa, Gen-
<br />AIA DOCUMENT 61411CMa • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGER-
<br />ADVISER EDITION • 1992 EDITION • AIA° • OO 1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,
<br />1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed
<br />7 8141/CfVia-1992 photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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