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5 . 1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other ARTICLE 4 party fail substantially to perform in accordance with the terms ARBITRATION MEDIATION of this Agreement through no fault of the party initiating the termination. 494 Glaims, disputes er- other . attefs in question 1,"a. ..,,e the -paFties -te Agreement g. eut-ef-er- relating -to -this - 5 . 2 If the Owner fails to make payment when due the Agieemen4e bFeadh theFeef an a " : a "ate Architect for services and expenses, the Architect may, upon arbitration -iii accordance -with -the Genstfuctien -hidustseven days' written notice to the Owner, suspend performance Ax-bitfatien des -ef 4he Amer-kan Arbitra4ien Assec-iatien - of services under this Agreement. Unless payment in full is eu=ie1CL7 al. . : 1 e . 1111 ., . 1. " Patties mutually ,. gree ethe... .,: .." received by the Architect within seven days of the date of the � �FF,.�� .. .. notice, the suspension shall take effect without further notice. 4 . 1 -2 The Owner and Architect shall endeavor to In the event of a proper suspension of services, the Architect resolve claims , disputes and other matters in question shall have no liability to the Owner for delay or damage caused between them by mediation . Request for mediation shall the Owner because of such suspension of services. be filed in writing with the other party to this agreement . 5 . 3 In the event of termination not the fault of the The request may be made concurrently with the filing of Architect, the Architect shall be compensated for services civil action but, in such event, mediation shall proceed in performed prior to termination.6 tegetheF 4Z bufsable - advance of legal or equitable proceedings , which may be €Apenses-then-due-and-ally penses-as de€xied-irr- stayed pending mediation for a period of 60 days fromParagraph 5.4. the date of filing , unless stayed for a longer period by agreementof the parties or court order.A demand -for - &.4 TeFmimmiefi menses -be eemputed -as -a - arbitration -shall -be made within -a r-easenable -time -a1'Eer -the - per-eextage -ef 4he cempeasation eamed 4o 4he 4ime -ef - elaim; Elispute -er ethemattes -in questien -leas -arisen.. - 4* -fie - teffninatieft, eves;t 4he demand -feFaFbitr-atieft -be -made -a1 tel; -4he -date - - Nvhen -institutien -ef 4egal -ef imitable pre" - "d ---ings based -en - 4 � -pFeNided -en -4he -basis -of -amultiple -of - such � L14iple � , . - sc ,.1 . dispute other at estiead be b "a Direct z Expense, -2o per-cent -ef 4he -total - by the appikable statutes ef lifflitatiens. DiFeEt zPei$enne! EXpense ineuFFed 4e -tlie -time -ef - teFminatieni and 4 . 3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the 4 Fefsemis previded en the basis of a stipulated place where the Project is located , unless another ie percent ef the stipulated sum earned-to4he44me-e€ location is mutually agreed upon . Agreements reached teEminatian- in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. No- ARTICLE 6 arbitratien ansing -out -ef -ei-7 _Matin 4e4his t -shall - MISCELLANEOUS PROVISIONS inElude; -h.y eeilsekda4ien, joinde -ef -in -any ether fniu xer; -an - additienal per-sen -er -entity -net -a -pasty 4a 4his ^ - 6 . 1 1kxlessease -pl`er4ded, 4This Agreement shall be exeept by wfitten cense ` eentaining " spe6ifie re eime ` e dh is governed by the law of the State of Florida . 1.9fineipal place of- Agreement -signed -by 4he Owner, A ehiteet -and -a" AsheF - businessof the A ,., hite -. person -er -entity -sought 4s -be tensed: - Gensen4 4e arbitratien - invelving -air additional pe>•sen -er -entity -shall -net constitute -- 6 . 2 Causes of action between the parties to this eonsent 4e ar-bitratien-ef-any claim, dispute-er ether matter-in- Agreement pertaining to acts or failures to act shall be deemed questien -pret dew-r-ibed-i-n-the written eensent-of -a persen- to have accrued and the applicable statute of limitations shall of -entity -Piet named -of deser-ibed -ther-ein. - -The figregoing - commence to run not later than the date payment is due the agr-eement -andether $ga4s4o ar-bitFate } - Architect pursuant to Paragraph 8.4. an additional persen-eF-en ity-duly eonsen4ed4e*-4-he parties- to 4his Agreement -shall -be spersifkalyeafer-eeable -xi - 6 . 3 The Owner and Architect, respectively, bind thereof representatives themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such 44 The award -> endued �j` -the arbitrate �r arbitrateis - other party with respect to all covenants of this Agreement. shall -be -fftal; -arid judgment -be entered upeft 4 -in - Neither Owner nor Architect shall assign this Agreement ' c,-,..a " ,, ,-" ;64th applicable iffiy in any court having : : ,.,1 : , tier, without the written consent of the other. thereof- 6 . 4 This Agreement represents the entire and integrated ARTICLE 5 agreement between the Owner and Architect and supersedes all TERMINATION OR SUSPENSION prior negotiations, representations or agreements, either O 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N .W., WASHINGTON , D . C ., 20006-5292 . AIA DOCUMENT B727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA® - WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was _ electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . User Document: ruth o ' donnell . aia -- 4/16/2004. AIA License Number 1127252, which expires on 12/31/2004 . Electronic Format B727- 1988 4