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with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa-
<br />the limit of the Architect's responsibility arising from the tion lor any Basic Services required for such extended
<br />establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract
<br />Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi-
<br />performed, in accordance with this Agreement, whether tional Services.
<br />or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of
<br /> Construction Cost, and any portions of the Project are
<br /> ARTICLE 4 deleted or otherwise not constructed, compensation for
<br /> such portions of the Project shall be payable to the extent
<br /> DIRECT PERSONNEL EXPENSE services are performed on such portions, in accordance
<br />4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based
<br />aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or,
<br />ect, and the portion of the cost of their mandatory and (2) if no such bid. or proposal is received, the most recent
<br />customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti-
<br />as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project.
<br />fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF
<br />and similar contributions and benefits. ADDITIONAL SERVICES
<br />
<br /> 6.2.1 Payments on account of the Architect's Additional
<br /> ARTICLE 5 Services as defined in Paragraph 1.7 and for Reimbursable
<br /> REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly
<br /> upon presentation of the Architect's statement of services
<br />5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred.
<br />pensation for Basic and Additional Services and include
<br />actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD
<br />tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's
<br />Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages
<br />paragraphs: or other sums withheld from payments to contractors, or
<br />5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than
<br />Project; living expenses in connection with out-of-town those for which ,,the Architect is held legally liable.
<br />travel; long distance communications~ and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION
<br />securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole
<br />the Project. or in part for more than three months, the Architect shall
<br />5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt
<br />Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or
<br />reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then
<br />Architect's consultants. due and all Termination Expenses as defined in Paragraph
<br />5.1.3 Expense of data processing and photographic pro- 10:4. If the Project is resumed after being suspended for
<br />duction techniques wherr used in connection with Addi- more than three months, the Architect's compensation
<br />tional Services. shall be equitably adjusted.
<br />5.1.4 If authorized in advance by the Owner, expense of
<br />overtime work requiring higher than regular rates. ARTICLE 7
<br />5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS
<br />quested by the Owner.
<br /> 7.1 Records of Reimbursable Expenses and expenses per-
<br />5.1.6 Expense of any additional insurance coverage or taining to Additional Services and services performed on
<br />limits, including professional liability insurance, requested the basis of a Multiple of Direct Personnel Expense shall
<br />by the Owner in excess of that normally carried by the be kept on the basis of generally accepted accounting
<br />Architect and the Architect's consultants. principles and shall be available to the Owner or the
<br /> Owner's authorized representative at mutually convenient
<br /> ARTICLE 6 times.
<br />
<br />PAYMENTS TO THE ARCHITECT ARTICLE 8
<br />6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS
<br />6.1.1 An initial payment as set forth in Paragraph 14.1 is
<br />the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv-
<br /> ice are and shall remain the property of the Architect
<br />6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed
<br />made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in-
<br />formed within each Phase of services, on the basis set cluding reproducible copies, of Drawings and Specifica-
<br />forth in Article 14. tions for information and reference in connection with the
<br />6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drav,,ings
<br />established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on
<br />
<br />AIA DOCU,~4ENT B141 · O~.YNER-ARCI~ITECT AGREE".'~ENT , THIRTEE",TH EDITION · JULY 1977 . AIA® ., ~ 1977
<br />THE A.'-,'IERICAN INSTI|UTE OF ARCHITECTS 1735 NEW YORK AA'E,".UE, N.V','., Vv'ASHINGTON, D.C. 20006 B141-1977 7
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