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<br />obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such <br />assignment. <br /> <br />§ 1.3.8 TERMINATION OR SUSPENSION <br />§ 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall <br />be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for <br />suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to <br />suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension <br />of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such <br />suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and <br />any expenses incurred inthe interruption and resumption of the Architect's services. The Architect's fees for the <br />remaining services and the time schedules shall be equitably adjusted. <br /> <br />§ 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be <br />compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect <br />shall be compensated for expenses incurred in the interruption and resumption of the Architect's services, The <br />Architect's fees for the remaining services and the time schedules shall be equitably adjusted. <br /> <br />§ 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the <br />Architect may terminate this Agreement by giving not less than seven days' written notice. <br /> <br />§ 1.3.8.4 This Agreementmay be terminated by either party upon not less than seven days' written notice should the <br />other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party <br />initiating the termination. <br /> <br />§ 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the <br />Architect for the Owner's convenience and without cause. <br /> <br />§ 1.3.8.6 In the eventoftermination not the fault of the Architect, the Architect shall be compensated for services <br />performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as <br />defined in Section 1.3.8.7. <br /> <br />§ 1,3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include <br />expenses directly attributable totênnination for which the Architect is not otherwise compensated, plus an amount <br />for the Architect's anticipated profit on the value of the services not performed by the Architect. <br /> <br />§ 1.3.9 PAYMENTS TO THE ARCHIT~CT <br />§ 1.3.9,1 Payments on account ofSêrvices rendered and for Reimbursable Expenses incurred shall be made monthly <br />upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's <br />compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on <br />account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. <br /> <br />§ 1.3.9.2 ReimbursableExpensesa.re in addition to compensation for the Architect's services and include expenses <br />incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in <br />the following Clauses: <br /> <br />.1 <br /> <br />transportation in connection with the Project, authorized out-of-town travel and subsistence, and <br />electronic communications; <br />fees paid for securing approval of authorities having jurisdiction over the Project; <br />reproductions, plots, standard form documents, postage, handling and delivery of Instruments of <br />Service; <br />expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; <br />renderings, models and mock-ups requested by the Owner; <br />expense of professional liability insurance dedicated exclusively to this Project or the expense of <br />additional insurance coverage or limits requested by the Owner in excess of that normally carried by <br />the Architect and the Architect's consultants; <br />reimbursable expenses as designated in Section 1.5,5; <br /> <br />.2 <br />.3 <br /> <br />.4 <br />.5 <br />.6 <br /> <br />.7 <br /> <br />AlA Document B141TM -1997 Part 1. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966, 1967, 1970, 1974,1977,1987 and 1997 by The <br />American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. <br />Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be <br />prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:42:20 on 10/29/2004 under Order <br />No.1000091736_1 which expires on 1/12/2005, and is not for resale. <br />User Notes: <br /> <br />8 <br /> <br />(1721060593) <br />