Common use of TERMINATION, SUSPENSION OR ABANDONMENT Clause in Contracts

TERMINATION, SUSPENSION OR ABANDONMENT. 8.1. This Agreement may be terminated by either party with or without cause on (10) business days after receiving written notification provided that the Architect has received payment in full for all services performed in accordance with this Agreement or incurred prior to termination, together with Reimbursable Expenses then due. 8.2. If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 8.3. This Agreement may be terminated by the Owner upon not less than seven calendar days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4. Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5. If the Owner fails to make payment due the Architect for services and expenses, the Architect may, upon seven calendar days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven calendar days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6. In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed or incurred prior to termination, together with Reimbursable Expenses then due. 8.7. If the Architect for any reason does not complete all the services contemplated by this Agreement, the Architect cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Architect if used, changed or completed by the Owner or by another party. Accordingly, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) for injury or loss arising or allegedly arising from such use, completion or any unauthorized changes made by any party to any contract documents prepared by the Architect.

Appears in 1 contract

Samples: Architectural Services Agreement

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TERMINATION, SUSPENSION OR ABANDONMENT. 8.1. 8.1 This Agreement may be terminated by either party with or without cause on (10) business days after receiving upon not less than seven days' written notification provided that notice should the Architect has received payment in full for all services performed other party fail substantially to perform in accordance with the terms of this Agreement or incurred prior to through no fault of the party initiating the termination, together with Reimbursable Expenses then due. 8.2. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 8.3. 8.3 This Agreement may be terminated by the Owner upon not less than seven calendar days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5. 8.5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven calendar days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven calendar days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed or incurred prior to termination, together with Reimbursable Expenses then duedue and all Termination Expenses as defined in Paragraph 8.7. 8.78.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. If the Architect for any reason does not complete all the services contemplated by this Agreement, the Architect cannot Termination Expenses shall be responsible for the accuracy, completeness or workability computed as a percentage of the contract documents prepared by the Architect if used, changed or completed by the Owner or by another party. Accordingly, the Owner agrees, total compensation for basic Services and Additional Services earned to the fullest extent permitted by lawtime of termination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to indemnify date if termination occurs before or during the predesign, site analysis, or Schematic Design Phases; or .2 Ten percent of the total compensation for Basic and hold Additional Services earned to date if termination occurs during the Architect harmless from Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any claim, liability or cost (including reasonable attorneys' fees and defense costs) for injury or loss arising or allegedly arising from such use, completion or any unauthorized changes made by any party to any contract documents prepared by the Architect.subsequent phase. ARTICLE 9

Appears in 1 contract

Samples: Aia Document B141 (Rio Properties Inc)

TERMINATION, SUSPENSION OR ABANDONMENT. 8.1. 8.1 This Agreement may be terminated by either party with or without cause on upon not less than seven (107) business days after receiving written notification provided that notice should the Architect has received payment in full for all services performed other party fail substantially to perform in accordance with the terms of this Agreement or incurred through no fault of the party initiating the termination; or, may be terminated as a matter of convenience by either party upon thirty (30) days prior to termination, together with Reimbursable Expenses then duewritten notice. 8.2. 8.2 If the Project is suspended by the Owner District for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspensionSuspension. When the Project is resumed, the Architect's ’s compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's ’s services. 8.3. 8.3 This Agreement may be maybe terminated by the Owner District upon not less than seven calendar days' (7) days written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner District for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4. 8.4 Failure of the Owner District to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5. 8.5 If the Owner District fails to make payment when due the Architect for services and expenses, the Architect may, upon seven calendar days' (7) days written notice to the OwnerDistrict, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven calendar (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner District for delay or damage caused the Owner District because of such suspension of services. 8.6. 8.6 In the event of the termination not the fault of the Architect, the Architect shall will be compensated for all services performed or incurred prior to termination, together with Reimbursable Expenses reimbursable expenses then due. 8.7. If the Architect for any reason does not complete all the services contemplated by this Agreement, the Architect cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Architect if used, changed or completed by the Owner or by another party. Accordingly, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) for injury or loss arising or allegedly arising from such use, completion or any unauthorized changes made by any party to any contract documents prepared by the Architect.

Appears in 1 contract

Samples: Standard Form of Agreement Between District and Architect

TERMINATION, SUSPENSION OR ABANDONMENT. 8.1. 8.1 This Agreement may be terminated by either party with or without cause on upon not less than seven (107) business days after receiving days’ written notification provided that notice should the Architect has received payment in full for all services performed other party fail substantially to perform in accordance with the terms of this Agreement or incurred prior to through no fault of the party initiating the termination. Should either party exercise the right of termination, together with Reimbursable Expenses then duethe written notice shall set forth the nature of the other party’s failure in performance of the Agreement. 8.2. 8.2 If the Project is suspended by the Owner for more than 30 ninety (90) consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's ’s compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's ’s services. 8.3. 8.3 This Agreement may be terminated for any reason by the Owner upon not less than seven (7) calendar days' written notice to the Architect in the event that the Project is permanently abandonedArchitect. If the Project is abandoned by the Owner for more than 90 ninety (90) consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5. 8.5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven calendar (7) days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven calendar days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed or incurred prior to termination, together with Reimbursable Expenses reimbursable expenses then due. 8.7. If the Architect for any reason does not complete all the services contemplated by this Agreement, the Architect cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Architect if used, changed or completed by the Owner or by another party. Accordingly, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) for injury or loss arising or allegedly arising from such use, completion or any unauthorized changes made by any party to any contract documents prepared by the Architect.

Appears in 1 contract

Samples: Professional Services

TERMINATION, SUSPENSION OR ABANDONMENT. 8.1. 8.1 This Agreement may be terminated by either party with or without cause on (10) business days after receiving upon not less than seven days' written notification provided that notice should the Architect has received payment in full for all services performed other party fail substantially to perform in accordance with the terms of this Agreement or incurred prior to through no fault of the party initiating the termination, together with Reimbursable Expenses then due. 8.2. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. However, such equitable adjustment to the Architect's compensation shall be paid only in those instances in which the Owner has not extended the period of time for the Architect's performance of services under this Agreement equal to the time by which the Project was suspended. 8.3. 8.3 This Agreement may be terminated by the Owner upon not less than seven calendar days' written notice to the Architect architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5. 8.5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven calendar days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven calendar days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed or incurred prior to termination, together with Reimbursable Expenses then due. 8.7. If the Architect for any reason does not complete all the services contemplated by this Agreement, the Architect cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Architect if used, changed or completed by the Owner or by another party. Accordingly, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) for injury or loss arising or allegedly arising from such use, completion or any unauthorized changes made by any party to any contract documents prepared by the Architect.

Appears in 1 contract

Samples: Architect Services Agreement

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TERMINATION, SUSPENSION OR ABANDONMENT. 8.1. 8.1 This Agreement may be terminated by either party with or without cause on upon not less than seven (107) business days after receiving days’ written notification provided that notice should the Architect has received payment in full for all services performed other party fail substantially to perform in accordance with the terms of this Agreement or incurred prior to through no fault of the party initiating the termination. Should either party exercise the right of termination, together with Reimbursable Expenses then duethe written notice shall set forth the nature of the other party’s failure in performance of the Agreement. 8.2. 8.2 If the Project is suspended by the Owner for more than 30 ninety (90) consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's ’s compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's ’s services. 8.3. 8.3 This Agreement may be terminated for any reason by the Owner upon not less than seven (7) calendar days' written notice to the Architect in the event that the Project is permanently abandonedArchitect. If the Project is abandoned by the Owner for more than 90 ninety (90) consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5. 8.5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven calendar (7) days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven calendar days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed or incurred prior to termination, together with Reimbursable Expenses reimbursable expenses then due. 8.7. If the Architect for any reason does not complete all the services contemplated by 8.8 Upon termination of this Agreement, the Architect cannot be responsible for the accuracyshall perform no further services, completeness or workability of the contract documents prepared by the Architect if used, changed or completed except as requested in writing by the Owner or by another party. Accordingly, as may be necessary to preserve the Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) for injury or loss arising or allegedly arising from such use, completion or any unauthorized changes made by any party to any contract documents prepared by the Architectwork.

Appears in 1 contract

Samples: Agreement for Professional Architectural Design Services

TERMINATION, SUSPENSION OR ABANDONMENT. 8.1. 8.1 This Agreement may be terminated by either party with or without cause on upon not less than seven (107) business days after receiving days' written notification provided that notice should the Architect has received payment in full for all services performed other party fail to substantially perform in accordance with the terms of this Agreement or incurred prior to through no fault of the party initiating the termination, together with Reimbursable Expenses then due. 8.2. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted by the Owner to provide for reasonable expenses incurred in the interruption and resumption of the Architect's services. 8.3. 8.3 This Agreement may be terminated by the Owner upon not less than seven calendar days' (7) days written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 180 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4. Failure 8.4 Subject to the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5. If 8.5 Subject to the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, if the Owner fails to make payment when due the Architect for undisputed, full and properly documented services and expenses, the Architect may, upon seven calendar days' (7) days written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven calendar (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6. In 8.6 This Agreement may be terminated by the event Owner for convenience at any time, and the amount due and owing the Architect shall be fees for services rendered up to the date of termination not the fault of the Architecttogether with reimbursables. However, the Architect shall not be compensated entitled to lost profits for all services performed or incurred prior to termination, together with Reimbursable Expenses then dueuncompleted work. 8.7. If 8.7 The Owner has the right to require the Architect for to remove any reason does not complete all Project Design Team Member from the services contemplated by this Agreement, the Architect cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Architect if used, changed or completed by the Owner or by another party. Accordingly, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) for injury or loss arising or allegedly arising from such use, completion or any unauthorized changes made by any party to any contract documents prepared by the ArchitectOwner's Project.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect

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