RIDGE VIEW COMMONS - CONSTRUCTION LOAN

tion Documents to the Owner and the date on which proposals are sought. ARTICLE 4 PAYMENTS TO THE ARCHITECT 4.1 An initial payment as set forth in Paragraph 9.1 is the minimum payment under this Agreement. 4.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services.per- formed within each Phase. 4.3 When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 9.2.2 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or other cost estimate as described in Subparagraph 2.6. 4.4 Reimbursable Expenses include actual expenditures made by the Architect in the interest of the Project for: .1 expenses 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 hav- ing jurisdiction over the Project, . 4 reproductions, .3 postage and handling of Drawings and Specifica- tions, .6 renderings and models requested by the Owner, .7 expense of overtime work requiring higher than regular rates, if authorized by the Owner, .8 expense of any additional insurance coverage or limits, including professional liability insurance, re- quested by the Owner in excess of that normally carried by the Architect and the Architect's con- sultants. 4.5 Payments on account of the Architects Additional Services and for Reimbursable Expenses as defined in Paragraph 4.4 shall be made monthly upon presentation of the Architect's statement of services rendered or ex- penses incurred. 4.6 No deductions shall be made from the Architect's compensation on account of sums withheld from pay- ments to contractors. 4.7 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 7.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 5 OWNERSHIP AND USE OF DOCUMENTS 5.1 Drawings and Specifications as instruments of ser- vice are and shall remain the property of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, in- cluding reproducible copies, of Drawings and Specifica- tions for information and reference in connection with the Owner's use and occupancy of the Project. The Draw- ings and Specifications shall not be used by the Owner on other projects, for additions to this Project, or for com- pletion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 5.2 Submission or distribution to meet official regula- tory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. AIA DOCUMENT 8181 • OWNER - ARCHITECT AGREEMENT FOR HOUSING SERVICES • JUNE 1978 EDITION • AIAO m 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 6 ARBITRATION 6.1 All claims, disputes and other matters in question - between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, a hah{,(EE+ may decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mu- tually agree otherwise. No arbitration, arising out of or relating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent con- taining a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an ad- ditional person or persons shall not constitute consent to arbitration of any dispute not described therein. This Agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically en- forceable under the prevailing arbitration law. 6.2 In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 6.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 7 TERMINATION OF AGREEMENT 7.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 7.2 This Agreement may be terminated by the Owner upon at least seven days' notice to the Architect in the event that the Project is permanently abandoned. 7.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for all ser- vices performed to termination date, together with Re- B181-1978 4