TERMINATION, SUSPENSION OR ABANDONMENT. 8.1 This Agreement may be terminated by either party upon not less than seven (7) days' written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 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 adjusted by the Owner to provide for reasonable 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 (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 180 consecutive days, the Architect may terminate this Agreement by giving written notice. 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 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 (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 (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 This Agreement may be terminated by the 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 together with reimbursables. However, the Architect shall not be entitled to lost profits for uncompleted work. 8.7 The Owner has the right to require the Architect to remove any Project Design Team Member from the Owner's Project.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
TERMINATION, SUSPENSION OR ABANDONMENT. 8.1 This Agreement may be terminated by either party upon not less than seven (7) days' written notice should the other party fail substantially to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.
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 This Agreement may be terminated by the Owner upon not less than seven (7) days 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 180 90 consecutive days, the Architect may terminate this Agreement by giving written notice.
8.4 Subject to the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, failure 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 Subject to the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, if 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 (7) days days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven (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 This Agreement may be terminated by In the Owner for convenience at any timeevent of termination not the fault of the Architect, and the amount due and owing the Architect shall be fees compensated for services rendered up performed prior to the date of termination termination, together with reimbursables. However, the Architect shall not be entitled to lost profits for uncompleted workReimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7.
8.7 The Owner has Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the right total compensation for basic Services and Additional Services earned to require the Architect time of termination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to remove 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 Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any Project Design Team Member from the Owner's Project.subsequent phase. ARTICLE 9
Appears in 1 contract
TERMINATION, SUSPENSION OR ABANDONMENT. 8.1 This Agreement may be terminated by either party upon not less than seven (7) days' days written notice should the other party fail substantially to substantially perform in accordance with the terms of this Agreement 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 written notice.
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 by the Owner to provide for reasonable expenses incurred in the interruption and resumption of the Architect's ’s services.
8.3 This Agreement may be maybe terminated by the Owner District upon not less than seven (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 180 90 consecutive days, the Architect may terminate this Agreement by giving written notice.
8.4 Subject to the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, failure 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 Subject to If the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, if the Owner District fails to make payment when due the Architect for undisputed, full and properly documented services and expenses, the Architect may, upon seven (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 (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 This Agreement may be terminated by In the Owner for convenience at any time, and event of the amount due and owing termination not the Architect shall be fees for services rendered up to fault of the date of termination together with reimbursables. HoweverArchitect, the Architect shall not will be entitled compensated for services performed prior to lost profits for uncompleted worktermination, together with reimbursable expenses then due.
8.7 The Owner has the right to require the Architect to remove any Project Design Team Member from the Owner's Project.
Appears in 1 contract
Samples: Standard Form of Agreement Between District and Architect
TERMINATION, SUSPENSION OR ABANDONMENT. 8.1 This Agreement may be terminated by either party upon not less than seven (7) days' written notice should the other party fail substantially to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.
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. 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 This Agreement may be terminated by the Owner upon not less than seven (7) days 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 180 consecutive days, the Architect may terminate this Agreement by giving written notice.
8.4 Subject to the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, failure 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 Subject to the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, if 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 (7) days days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven (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 This Agreement may be terminated by In the Owner for convenience at any timeevent of termination not the fault of the Architect, and the amount due and owing the Architect shall be fees compensated for services rendered up performed prior to the date of termination termination, together with reimbursables. However, the Architect shall not be entitled to lost profits for uncompleted workReimbursable Expenses then due.
8.7 The Owner has the right to require the Architect to remove any Project Design Team Member from the Owner's Project.
Appears in 1 contract
Samples: Architect Services Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 8.1 8.1. This Agreement may be terminated by either party upon not less than seven with or without cause on (710) days' business days after receiving written notice should notification provided that the other party fail to substantially perform Architect has received payment in full for all services performed in accordance with the terms of this Agreement through no fault of the party initiating the or incurred prior to 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 (7) days 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 180 90 consecutive days, the Architect may terminate this Agreement by giving written notice.
8.4 Subject to the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, failure 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 Subject to the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, if 8.5. 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 (7) days 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 (7) 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 This Agreement may be terminated by 8.6. In the Owner for convenience at any timeevent of termination not the fault of the Architect, and the amount due and owing the Architect shall be fees compensated for all services rendered up performed or incurred prior to the date of termination termination, together with reimbursablesReimbursable Expenses then due.
8.7. HoweverIf the Architect for any reason does not complete all the services contemplated by this Agreement, the Architect shall cannot be entitled to lost profits responsible for uncompleted work.
8.7 The Owner has the right to require 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 remove the fullest extent permitted by law, to indemnify and hold the Architect harmless from any Project Design Team Member 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 Owner's ProjectArchitect.
Appears in 1 contract
Samples: Architectural Services Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 8.1 This Agreement may be terminated by either party upon not less than seven (7) days' ’ written notice should the other party fail substantially to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Should either party exercise the right of termination, the written notice shall set forth the nature of the other party’s failure in performance of the Agreement.
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 by the Owner to provide for reasonable expenses incurred in the interruption and resumption of the Architect's ’s services.
8.3 This Agreement may be terminated for any reason by the Owner upon not less than seven (7) days 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 180 ninety (90) consecutive days, the Architect may terminate this Agreement by giving written notice.
8.4 Subject to the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, failure 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 Subject to the Owner's rights under Article 9, Paragraphs 9.11 and 10.5.1 of this Agreement, if 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 (7) days days’ written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven (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 This Agreement may be terminated by In the Owner for convenience at any timeevent of termination not the fault of the Architect, and the amount due and owing the Architect shall be fees compensated for services rendered up performed prior to the date of termination termination, together with reimbursables. However, the Architect shall not be entitled to lost profits for uncompleted workreimbursable expenses then due.
8.7 The Owner has the right to require the Architect to remove any Project Design Team Member from the Owner's Project.
Appears in 1 contract
Samples: Professional Services