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40 40 40 1.3.7.1 This Agreement shall be governed by the law of the state where the Project is located. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the 1997 edition of AIA Document A201, General Conditions of the Contract for Construction as modified (See Exhibit A hereto). 1.3.7.4 To the extent damages are covered by the property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in Exhibit A. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. 1.3.7.7 Subject to the Owner's prior review and written approval thereof, 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 completed Project to make such representations. However, the Architect's materials shall not Include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner may, in its sole discretion, provide professional credit for the Architect in the Owner's promotional materials for ,f oject. 1.3.8.1 If the Owner falls to r- -ike payments tc the Architect in accordance with this Agreement, and considering the Architect having performed the Architect's obligations hereunder, the failure of payments shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension or performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven day's written notice to the Owner. In the event of a proper suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any direct expenses reasonably incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.2 If the Project Is suspended by the Owner for more than 30 consecutive days, through no fault of the Architect, the Architect shall be compensated for direct expenses reasonably Incurred In the Interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.3 If, through no fault of the Architect, the Project is suspended or the Architect's services are suspended for more than 30 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly within 15 days after presentation of the Architect's properly submitted statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is responsible.