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§ 6.4 PAYMENTS TO THE ARCHITECT
<br />§ 6.4.1 An initial payment of Fib Thousand Dollars ($ 50,000.00 )shall be made upon execution of this
<br />Agreement and is the minimum payment undet• this Agreement. It shall be immediately credited to the Owner's
<br />account ~^ *'~° ~'~°°"
<br />§ 6.4.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
<br />Payments are due and payable Ten (10) days upon presentation of the Architect's invoice. Amounts unpaid Thirty
<br />( 30 )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal
<br />rate prevailing from time to time at the principal place of business of the Architect.
<br />(Insert rate of monthly or annual interest agreed upon.)
<br />Prime rate prevailing in the Wall Street Journal plus one and one-half percent, per annum
<br />§ 6.4,3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated
<br />damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work
<br />unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
<br />§ 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to
<br />the Owner at mutually convenient times.
<br />ARTICLE 7 MISCELLANEOUS PROVISIONS
<br />§ 7.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties
<br />have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern
<br />Section 4.3.
<br />§ 7.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General
<br />Conditions of the Contract for Construction.
<br />§ 7.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
<br />representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
<br />written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
<br />the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
<br />§ 7.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
<br />submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests
<br />the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute
<br />all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
<br />Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or
<br />consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.
<br />§ 7.5 Nothing contained in [his Agreement shall create a contractual relationship with or a cause of action in favor of
<br />a third party against either the Owner or Architect.
<br />§ 7.6 HAZARDOUS MATERIALS -Unless otherwise rimed-provided in this Agreement, the Architect and its
<br />consultants shall have no responsibility for the discovery, presence, handling, removal e~and disposal of, or
<br />exposure e€~~ ;~to persons to hazardous materials or toxic substances in any form at the l~ejec~sit~ rp oiect
<br />site. The Owner agrees to indemnify and hold harmless the Architect, its consultants and their agents and
<br />employees from and as;ainst any and all such claims damages losses and expenses including, but not limited to,
<br />attorneys' fees arising out of or resulting from performance of services by the Architect, its consultants or their
<br />agents or employees relating to such services except where such liability arises from the sole negligence or willful
<br />misconduct of the person or entity seeking indemnification.
<br />§ 7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project
<br />among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the
<br />completed Project to make such representations. However, the Architect's materials shall not include the Owner's
<br />confidential or proprietary information if the Ownet• has previously advised the Architect in writing of the specific
<br />AIA Document 8102TN - 2007 (lormerly 8141 TN -1997 Part 1). Copyright ©1917, 1926, 1948, 1951, 1853, 1958, 1961, 1963, 1966, 1967, 1970, 1974,
<br />1977, 1987, 1997 and 2007 by The American Institute of Architects. Ail rights reserved. WARNING: This AIAe Document is protested by U.S. Copyright
<br />Law and International Treaties. Unauthorized reproduction or distribution of this AfAe Document, or any portion of It, may result In severe civil and
<br />crtminal penalties, and will be prosecuted to tha maximum extent possible under the law. This document was produced by AIA software al 09:54:26 on
<br />06/11/2009 under Order No.1000356205_1 which expires on 7/25/2009, and is not for resale.
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