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person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect raider this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 iftile Omer Fails to snake payments to the Architect in accordance with this Agreement, such failure slia €I be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under [hiss Agreement. Iftile Architect elects to suspend services, the Architect shalt give seven days' written notice to the Owner before suspending services. 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. Before resuming services, the Architect shall be paid all sun7s due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services, The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If tile Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted, § 9.3 If tile Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party Fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and Without cause. § 9.6 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 alt Termination Expenses as defined in Section 93. § 9.7 Termination Expenses are in addition to compensation for t €7e Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in tile event of a termination ofthis Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § '10.1 This Agreement shall be goverticd by the law of the place Where the Project is located, except that ifthe parties have selected arbitration as the method of binding dispute resolution, the rederal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the saute meaning as those in AIA Document A201 -2007, General Conditions of the Contract For Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. l\ the Owner nor the Architect shall assign this Agreement without the written consent of (lie other, except that the Owner may assign this Agreement to a lender providing financing for the Project i f the lender agrees to assume the Owner's rights and obligations under this Agreement. AIA Document B101 -- 2007 formerly nl S 1"' — 1997). Copyright Q 1974, 1970, 1987, 1997 and 2007 by The American insillule of Architects. All rights brit. reserved, WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction ordlstribution of .l � this AIA" Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11.15:50 on 07108/2011 ender order No.0789296886 1 which expires on 0511012012, and Is not for resale. User Notes: `i 9 &8 B5871 1 Attachment number 2 G -4 Page 264