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1.2 During the Construction Phase, the Architect shall act as the Ownefis representative and provide administration of the <br /> Contract between the Owner and Contractor. The extent of the Archited's authority and responsibility during construction is describer <br /> in this Agreement and in AIA Document A~o~, General Conditions of the Contract fur Construction of a Small Projed. U~less <br /> otherwise agreed, the Architect's services during construction include visiting the silo, reviewing and certifying payments, reviewing the <br /> Contractor's submittals, rejecting nonconforming Work, and interpreting the Contract Documents. <br /> <br /> ARTICLE 2 <br /> OWNER'S RESPONSIBILITIES <br /> <br /> The Owner shall provide full fu[ormation about the objectives, schedule, constraints and existing conditions of the project, and shall <br /> establish a budget with reasonable contingencies that meets the project requirements. The Owner shall furnish surveying, geotechnical <br /> engineering and environmental testing services upon request by the Architect. The Owner shall employ a contractor to perform the <br /> construction Work and to provide cost estimating services. The Owner shall furnish for the benefit of the project all legal, accounting <br /> and insurance counseling services. <br /> <br /> ARTICLE 3 <br /> USE OF ARCHITECT'S DOCUMENT5 <br /> <br /> Documents prepared by the Architect are instruments of service for use solely with respect to this projed. The Architect shall retain all <br /> common law, statutory and other reset,ed rights, including the copyright. The Owner shall not reuse or pemfit the reuse of the <br /> Architect's documents except by mutual agreement in writing. <br /> <br /> ARTICLE 4 <br /> IERMINATION, SUSPENSION OR ABANDONMENT <br /> <br /> In the event of termination, suspension or abendonment of the project, the Architect shall be equitably compensated for serv/ces <br /> performed. Failure of ire Owner to make payments to the Architect m accordance with this Agreement shall be considered substantial <br /> mmperformance and is suflicient cause for the Architect to either suspend or ten~fuate services. Either the Architect or the Owner may <br /> terminate this Agreement after giving no less than seven days' written notice if the other party substantially fails to perform in <br /> accordance vdth the terms of this Agreemenl. <br /> <br /> ARTICLE 5 <br /> MISCELLANEOUS PROVISIONS <br /> <br /> 5.1 This Agreement shall be governed by the law of the location of the project. <br /> <br /> 5.2 Terms in this Agreement shall have the same meaning as those in A/A Document A205, General Conditions of the Contract for <br /> Construction of a Small Project, current ~ of the date of this Agreement. <br /> <br /> 5.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legaI representatives to this <br /> Agreemenl. Neither party to this Agreement shall assign the contract as a whole wilhoul wrhten consent of the other. <br /> <br /> 5.4 The Architecl and Architect's cnnsultants shall have no responsibility for the idenlificalion, discovery, presence, handling, <br /> removal or disposal of, or exposure of persons to, hazardous materials in any form at the projecl silo. <br /> <br /> ARTICLE 6 <br /> PAYMENTS AND COMPENSATION TO THE ARCHITECT <br /> <br /> The Owner shall coinpensate the ArchitecL as follows. <br /> <br /> 6.1 The Architect's Compensation shall be: <br /> <br /> Fixed Fee of Fifteen Thousand and no/100 ($15,000,00) <br /> <br /> 6.2 The Architect shall be reimbursed for expenses incurred in the interesk of the project, plus an administrative fee of percent ( <br />%) <br /> <br /> <br />