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02/23/96 lt:O0 ~608 271 1418 E JOHN KNAPP ,ArA ~004 ARTICLE 8 TERMINATION, SUSPENSION OR ABAN DON M ENT 8.1 This Agreement may he terminated bY either par~y upon not less than.seven days' written notice should the Other party fail Substant/a[ly to perform in accordance with the terms of this Agreement through no fault of the pazty tattle.ting thc termination. 8.2 Lf the Proiec. t is suspended by the Owner for more than 30 consecutive da~s, the Architect shall be compensated for services performed pr~or to notice of such suspension. When the Prelect is resumed, the Archit¢ct*s compensation shall be equitably adjusted to provide for expenses incurred in the Lnt~rruption .and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less tha~ seven days' written notice to the Architect in. th.e event that the Project is permanently abandoned, If th~ P-r~ject is abandoned by the Owner for mote than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payment~ to the Architect in accordance with thJz Agreement shall he considered substantial nonperformance and cause for term/nation. 8.5 if the Owner fails to make payment when duc the Architect for services and expenses, the Architect may, upon seven days* written not/ce to the Owner, suxpend performance of 5ervicc~ under this Agreement. Unless payment in full is received by the Architect within seven 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 ap liability to thc Owner for delay or damage caused tke Owner because of such suspension of services. 8.6 tn the event of ternu/nation not the fault of the'~Ar~hitec/,~ Arc~t~ct ,~ha~ b~ compensated for Services performed prior to terminationr together with Reimbursable Expenses than due and all Terminati6n Expera;es as defined in Paragraph 8.7. - 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which arc directly attributable to termination. Termination Ex9a~ses ~hnll be comput~ ~ a pementage of ~e tarsi empensat[on for Basic Serviee~ ~nd Additional Services earned to th~ time of ~OWS: .1 Twenty percent of the total compeasatina fo~ Basic and Addkioa~ Se~icea e~ned to da~ if termi~tion occurs befor~ or during the predesign, site analysis, or Schematic Design Ph~es; or .2 Tea percent of ~e ~ ~mpe~inn ~r Basis ~d ~difion~ Se~ices e~ned to date if termination occ~s d~g ~e D~ign Development Ph~e; or .a Five percent of ~e tot~ compe~atioa for B~ic ~d Addifio~ ~ic~ earn~ to date if t~rmination oceu~ d~ng ~y sub,quest phase, ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of Lite Architect. 9.2 Ternm in this Agreement shall have the same meaning as those La AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.a Causes of action between the parties to this Agreement pertaining to acta or failures to act shall he deemed to have accrued and the applicable.statutes of limitations shall commence to run not later than either the date of Substantial Completion for acta or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acm or failures to act occurring