AGREEMENT FOR DESIGN SERVICES FOR THE FOUR-YEAR ...

Project Addendum through no fault of the party giving notice of
termination.
13.2 If by action of the OWNER a Project is suspended for
more than ninety (90) days or abandoned in whole or in part, the
ARCHITECT shall be compensated for services performed prior to
receipt of written notice from the OWNER of such suspension or
abandonment, together with reimbursable expenses then due and all
termination expenses as defined in Section 13.4 resulting from
such suspension or abandonment. If a Project is resumed after
being suspended for more than three months, the Project Addendum
shall be subject to renegotiation.
13.2.1 If a Project is suspended for more than two years,
said determination of suspension to be made by the OWNER in
good faith, then upon written notice given to the ARCHITECT
by the OWNER, this Agreement shall terminate, and any
outstanding obligations remaining under this Agreement on
the part of either the OWNER or the ARCHITECT shall be
deemed satisfied.
13.3 In the event of termination due to the fault of a party
other than the ARCHITECT, the ARCHITECT shall be compensated for
services performed to the termination date, including
reimbursable expenses then due and all termination expenses as
defined in Section 13.4.
13.4 Termination Expenses are in addition to compensation
for Basic and Additional Services, and include expenses directly
attributable to termination. Termination expenses shall be
computed as a percentage of the total compensation for basic
services earned to the time of termination, as follows:
a. If termination occurs during Phase I - Preliminary
Planning and Schematic Design Phase or Phase II -
Design Phase of a Project, then termination expenses
will be ten percent (10%) of the total compensation for
basic services earned to the date of termination.
b. If termination occurs during Phase III - Construction
Documents Phase or Phase IV - Bid Phase of a Project,
then termination expenses will be five percent (5%) of
the total compensation for basic services earned to the
date of termination.
c. If termination occurs during Phase V - Construction
Administration Phase of a Project, then the ARCHITECT
will not receive any termination expenses.
13.5 TERMINATION FOR UNAVAILABILITY OF FUNDS. Any Project is
contingent on the continued availability of government funds
which are appropriated or allocated to the OWNER. In the event
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