1b. Joint public safety building-scope of services

fi 5.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 5.4. fi 5.4 Termination Expenses shall be computed as a percentage of the compensation earned to the time of termination, as follows: .1 For services provided on the basis of a multiple of Direct Personnel Expense, 20 percent of the total Direct Personnel Expense incurred to the time of termination; and .2 For services provided on the basis of a stipulated sum, 10 percent of the stipulated sum earned to the time of termination. ARTICLE 6 MISCELLANEOUS PROVISIONS ~ 6.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the Architect. ~ 6.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date payment is due the Architect pursuant to Section 8.4. ~ 6.3 The Owner and Architect, respectively, bind themselves, their 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 Owner nor Architect shall assign this Agreement without the written consent of the other. ~ 6.4 This Agreement represents the entire and integrated agreement between the Owner and 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. ~ 6.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. ~ 6.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 7 PAYMENTS TO THE ARCHITECT fi 7.1 DIRECT PERSONNEL EXPENSE ~ 7.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. fi 7.2 REIMBURSABLE EXPENSES ~ 7.2.1 Reimbursable Expenses are in addition to the Architect's compensation and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project for: .1 expense of transportation and living expenses in connection with out-of-town travel authorized by the Owner; .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project; .4 reproductions; .5 postage and handling of documents; .6 expense of overtime work requiring higher than regular rates, if authorized by the Owner; .7 renderings and models requested by the Owner; AlA Document B727T11 - 1988. Copyright Cl1972. 1979 and 1988 by The American Institute of Architects. All r1ghls 1'8MI'V8d. WARNWG: ThIs AlA- Document Is protec:tlld by U.s. CopyrIght Law and NernatIonel TnNttIes. Unauthorized reproduction or dllItrlbutIon of this AlA. DocUlll8nt, or any portion of It. may resullln severe ctvII and crIIIIInal peNllJIes, and'" be prosaculecJ to the 1lIU1m... IlIItMIt possJbIe under 1M .... This document was produced by AlA software at 16:10:21 on 01/2212009 under Order No. 1000380279_1 which expires on 12/5/2009. and is not for resale. U.... NotN: (1127168516) 3 Inlt.