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2007-388
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2007-388
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Owner in writing another architect or design professional with respect to whom the Owner <br /> has no reasonable objection , who will provide the services originally to have been <br /> provided by the Architect or other design professional whose services are being <br /> terminated . <br /> ARTICLE 8 TERMINATION OF THE AGREEMENT <br /> § 8 . 1 This Part 1 Agreement may be terminated by either party upon seven (7 ) days' <br /> written notice should the other party fail to perform substantially in accordance with its <br /> terms through no fault of the party initiating the termination . <br /> § 8 .2 This Part 1 Agreement may be terminated by the Owner without cause upon at least <br /> seven (7 ) days' written notice to the Design/Builder. <br /> § 8 .3 In the event of termination not the fault of the Design/Builder, the Design/Builder <br /> shall be compensated for services performed to the termination date , together with <br /> Reimbursable Expenses then due and Termination Expenses . Termination Expenses are <br /> expenses directly attributable to termination , including a reasonable amount for overhead <br /> and profit , for which the Design/Builder is not otherwise compensated under this Part 1 <br /> Agreement . <br /> ARTICLE 9 BASIS OF COMPENSATION <br /> The Owner shall compensate the Design/Builder in accordance with Article 5 , Payments , <br /> and the other provisions of this Part 1 Agreement as described below. <br /> § 9 . 1 COMPENSATION FOR BASIC SERVICES <br /> § 9 . 1 . 1 FOR BASIC SERVICES , compensation shall be as follows : <br /> One Hundred Sixteen Thousand Two Hundred Forty Dollars $ 116 , 240 . 00 <br /> § 9 . 1 .2 AN INITIAL PAYMENT of Twenty Nine Thousand Sixty Dollars ($ 29 , 060 . 00 ) <br /> shall be made upon execution of this Part 1 Agreement and credited to the Owner's <br /> account as follows : <br /> § 9 . 1 . 3 SUBSEQUENT PAYMENTS shall be as follows : <br /> $29 , 060 . 00 at the completion of the Schematic Design of building <br /> $29 , 060 . 00 at the 50% completion of the Preliminary Design Documents <br /> $29 , 060 . 00 at the completion of the Preliminary Design Documents , statement of the <br /> proposed contract sum and proposed project schedule <br /> § 9 . 2 COMPENSATION FOR ADDITIONAL SERVICES <br /> § 9 .2. 1 FOR ADDITIONAL SERVICES , compensation shall be as follows : <br /> Per the fee schedule attached to the Master Agreement dated April 19 , 2005 . <br /> 10 <br />
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