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Res 1986-054
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Res 1986-054
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8/27/2007 1:09:19 PM
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8/27/2007 1:09:19 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1986-54
Date
5/12/1986
Volume Book
79
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<br />other projects, (or additions to this Project, or for comple- <br />tion of this Project by others provided the Architect is not <br />in default under this Agreement, except by agreement in <br />writing and with appropriate compensalion to the Archi. <br />,teet. <br />8.2 Submission or distribution to meet official regulatory <br />requirements or (or other purposes in connection with the <br />Project is not to be construed as publication in derogation <br />of the Architect's rights. <br /> ARTICLE 9 <br /> ARBITRATION ARTICLE 11 <br />9.1 All claims, disputes and other'matters in question MISCElLANEOUS PROVISIONS <br />between the parties to this Agreement, arising out of or 11.1 Unless otherwise specified, this Agreement shall be <br />relating to this Agreement or the breach thereof, shall be <br />decided by arbitration in accordance with the Construc- governed by the law of the principal place of business of <br />tion Industry Arbitration Rules of the American Arbitra- the Architect. * <br />tion Association then obtaining unless the parties mutu- <br />ally agree otherwise. No arbitration, arising out of or re- * <br />latir¡g to this Agreement, shall include, by consolidation, <br />joinder or in any other manner, any additional person not <br />a party to this Agreement except-by written consent con- 11.3 As between the parties to this Agreement: as to all <br />taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, <br />by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to <br />to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to <br />dWanat person or persons shall not constitute consent to have accrued in any and all events when the pa rty <br />arbitraliorl of any dispute not described therein or with commencing said cause of action knew or <br />any person not named or described therein. This Agree- shou1d have known of the e~~stence of the <br />ment to arbitrate and any agreement to arbitrate with an 5ubject act(s) or failureCs) to act. <br />additional person or persons duly consented to by the <br />parties to this Agreement shall be specifically enforceable <br />under the prevailing arbitration law. <br />9.2 Notice of the demand for arbitration shall bl>. Wed in <br />writing with the other party to this Agreement and with <br />the American Arbitration Association. The demand shan <br />be made within a reasonable time*after the claim, dispute <br />or other matter in question has arisen.*ln no event shall <br />the demand for arbitration be made after the date when <br />institution of legal or equitable proceedin.gs based on <br />such claim, dispute or other matter in question would be <br />barred by the applicable statute of limitations. ARTICLE 12 <br />9.3 The award rendered by the arbitrators shall be final, SUCCESSORS AND ASSIGNS <br />and judgment may be entered upon it in accordånce with <br />applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind <br /> themselves, their partners, successors, assigns and legal <br /> ARTICLE 10 representatives to the other party to this Agreement and <br /> to the partners, successors, assigns and legal representa- <br /> TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of <br /> this Agreement. Neither the Owner nor the Architect shall <br />10.1 This Agreement may be terminated by either party assign, subret or transfer any interest in this Agreement <br />upon seven days'*written notice*should the other party without the written consent of .the other. <br />fail substantially to perform in accordance with its terms <br />through no fault of the party initiating the termination. ARTICLE 13 <br />10.2 This Agreement ma~ be terminated by the Owner <br />upon 301 least seven days' ritlen notice to the Architect EXTENT OF AGREEMENT <br />in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated <br />10.3 In the event of terO}ination not the fault of the Ar- agreement between the Owner and the Architect and <br />chi teet, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- <br />performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be <br />able Expenses then due*and all Termil'lation Expenses as amended only by written instrument signed by both <br />defined in Paragraph íO.4. Owner and Architect. <br />S 8141-1977 AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1977. ^'^" . (i) 1977 <br /> THE ilMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., W^SHINGTON. D.C. 20006 <br /> *See Article 15, Other Conditions Or Services <br />
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