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~' '~; shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all termination expenses as de- fined in Paragraph 8.3 resulting from such suspension or abandonment. If the Project is resumed after being sus- pended for more than three months, the Architect's compensation shall be subject to renegotiation. 6.5 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty days after the date of billing. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertain- ing to Additional Services on the Project and for services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on a generally recognized account- ing basis and shall be available to the Owner or his authorized representative at mutually convenient times. ARTICLE 8 TERMINATION OF AGREEMENT 8.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8.2 In the event of termination due to the fault of par- ties other than the Architect, the Architect shall be paid his compensation for services performed to termination date, including Reimbursable Expenses then due and all termination expenses. 8.3 Termination Expenses are defined as Reimbursable Expenses directly attributable to termination, plus an amount computed as a percentage of the total compen- sation earned to the time of termination, as follows: 20 percent if termination occurs during the Schematic Design Phase; or 10 percent if termination occurs during the Design De- velopment Phase; or 5 percent if termination occurs during any subse- quent phase. ARTICLE 9 OWNERSHIP OF DOCUMENTS Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the Owner on other projects or extensions to this Project except by agreement in writ- ing and with appropriate compensation to the Architect. ARTICLE 10 ~ SUCCESSORS AND ASSIGNS The owner and the Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. ARTICLE 11 ARBITRATION 1i.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of, or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutually agree otherwise. No arbitration, arising out of, or relating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional party not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by all the parties hereto. Any consent to arbitration involving an additional party or parties shall not constitute consent to arbitration of any dispute not described therein or with any party not named or described therein. This Agreement to arbitrate and any agreement to arbitrate with an addi- tional party or parties duly consented to by the parties hereto shall be specifically enforceable under the pre- vailing arbitration law. 11.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 11.3 The award rendered by the arbitrators shall be fi- nal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 12 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTICLE 73 GOVERNING LAW Unless otherwise specified, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. A!A DOCUMENT 6141 • OWNER•ARCtiITECT AGREEMENT • JANUARY 1974 EDITIUN AIA~ cu197a THE AMERICAN IN5TITUTE OF ARCHfTECTS, 1735 NEW YORK AVE., N.W., WASNlNGTUN, D. C. 20006