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§ 6.4 PAYMENTS TO THE ARCHITECT § 6.4.1 An initial payment of Fift~Thousand Dollars ($ 50.000.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 6.4.2 Unless otherwise agreed, payments for services shall be made monthly in pt•oportion to services performed. ' Payments are due and payable Ten (10) days upon presentation of the Architect's invoice. Amounts unpaid Thirty ( 30 )days after the invoice date shall bear interest at [he rate entered below, or in the absence thereof at the legal sate prevailing from time to time at the principal place of business of the Architect. (haert rote of monthly or munfnl interest agreed upon.) ' Prime rate prevailing in the Wall Street Journal plus one and one-half percent, per annum § 6.4.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated ' damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 6.4.4 Records of Reimbursable Expenses and services performed on the of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by the law of the plac re the Project i red, except that if the parties have selected arbitration as the method of binding dispute r lion, t ederal Arbr ration Act shall govern Section 4.3. § 7.2 Terms in this Agreement shall have the same as rhos IA Document A201-2007, General Conditions of the Contract for Construction. § 7.3 The Owner and Architect, respective d that ,their agents, successors, assigns and legal representatives to this Agreement. Neil a net• n e Architect shall assign this Agreement without the written consent of the other, except he Ow r may a n this Agreement to a lender providing financing for the Project if the lender agrees to a e the and obligations under this Agreement. § 7.4 If the Owner requests ' act acute certificates, the proposed language of such certificates shall be submitted to the Archite revie eas days prior to the requested dates of execution. If the Owner requests the Architect to execu nsents reas ly r uired to facilitate assignment to a lender, the Architect shall execute all such consents that ar sistent wit is Agreement, provided the proposed consent is submitted to the Architect for review at leas days p to execution. The Architect shall not be required to execute certificates or consents that would require k e ,services or responsibilities beyond the scope of this Agreement. § 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 7.6 HAZARDOUS MATERIALS -Unless otherwise r-ec}tlired-provided in this Agreement, the Architect and its consultants shall have no responsibility for the discovery, presence, handling, removal e~and disposal of, or exposure of ge-xseR~te; to persons to hazardous materials or toxic substances in any form at the $~s}est-sites rp oject site The Owner agrees to indemnify and hold harmless the Architect its consultants and their agents and employees from and against any and all such claims damages losses and expenses including but not lrmited to, attorneys' fees arising out of or resulting_from performance of services by the Architect, its consultants or their agents or em~loyees relating to such services except where such liability arises fiom the sole negligence or willful misconduct of the person or entity seeking indemnification. § 7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the ' s completed Project to make such representations. However, the Architect's materials shall not include the Owner confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific AIA Document 8702~~A - 2007 (formerly B147T'" -1997 Part 1). Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: Thls AIAa' Document is protected by U.S. Copyright 1977 ' 7 , Law and International Treaties. Unauthorized reproduction or distrlbutlon o1 thls AIAO Document, or any portion of it, may resu,(t in evere civil and 2 ~ ~ 61K :99!0 criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA sbi~ 05/27/2009 under Order No.1000356205_1 which expires on 7/25/2009..apd is not for resale. Page 76 of `~l'~5399971) F II User Noies: ,