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with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion tor any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percen'tJge of ARTICLE 4 Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forlh in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Det;liledEsti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and (or Reimbursable REIMijURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly 5.1 Reimbursable Expenses are in addition to the Com- upon presentation of the Architect's statement of services rendered or expenses incurred. pensation for Basic and Additional Services and include 6.3 PAYMENTS WITHHELD actual expenditures made by the Architect and the Archi- teet's employees and consultants in the interest of the 6.3.1 No deductions shall be made (rom the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost o( changes in the Work other than Project; living expenses in connection with out-of-town those for which .,the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole the Project. or in part (or more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. due*and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the' Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of ARTICLE 7 overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 7.1 Records of Reimbursable Expenses and expenses per- 5.1.6 Expense of any additional insurance coverage or taining to Additional Services and services performed on limits, including professional liability Insurance, requested the basis of a Multiple of Direct Personnel Expense shall by the Owner in excess of that normally carried by the be kept on the basis of generally accepted accounting Architect and the Architect's consultants. principles and shall be available to the Owner or the ARTICLE 6 Owner's authorized representative at mutually convenient times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of serv- the minimum payment under this Agreement. ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set eluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and Occupancy of the Project. The Drawings established in the Contract (or Construction is exceeded and Specifications shall not be used by the Owner on AlA DOCUMENT 1141 . OWNER-ARCHITECT ACREEMENT . THIRTEENTH EDITION. JULY 1977 . AIAIt . ~ 1977 8141-1977 7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 * See Article 15, Other Conditions Or Services