from all claims
and causes of action arising from or relatedto such uses. The Owner,to the
extentpermitted by law, furtheragreesto indemnifyandhold harmlessthe
Design-Builder,Architect,Consultants,Contractorsand any other person or entity
providing services or work for any of them, from all costs and expenses,
includingthe cost of defense, related to claims and causes of action asserted by
any third person or entity to the extent such costs and expenses arisefromthe
Owner's alterationor use ofthe Instrumentsof Serviceunderthis Section
12.3.2.Thetenns of this Section 12.3.2shallnot applyif the
OwnerrightfullyterminatesthisAgreementfor causeunder Sections13.1.4or 13.2.2.
(Paragraph deleted) ARTICLE13 TERMINATIONORSUSPENSION
§13.1TerminationorSuspensionPriorto Executionofthe Design-BuildAmendment
§13.1.1If the Owner fails to make payments to the Design-Builderfor Work prior
to execution of the Design-Build Amendment in accordance with this Agreement,
such failure shall be considered substantial nonperformanceand cause for
termination or, at the Design-Builder'soption, cause for suspensionof
performance of servicesunder this Agreement.Ifthe Design-Builderelectsto
suspendthe Work,the Design-Buildershall give seven days'writtennotice to the
Ownerbefore suspendingthe Work.In the event of a suspensionof the Work,the
Design-Buildershallhave no liability to the Owner for delay or damage caused by
the suspension of the Work. Before resuming the Work, the Design-Builder shall
be paid all sums due prior to suspension and any expenses incurred in the
interruption and resumption of the Design-Builder's Work. The Design-Builder's
compensation for, and time to complete, the remaining Workshall be
equitablyadjusted. §13.1.2If the Ownersuspendsthe Project,the
Design-Buildershall be compensatedfor the Work performedprior to notice of such
suspension. 'Whenthe Project is resumed, the Design-Builder shall be compensated
for expenses incurred in the interruptionand resumption of the
Design-Builder'sWork. The Design-Builder's compensationfor, and time to
complete,the remainingWork shall be equitablyadjusted. §13.1.3If the Owner
suspends the Project for more than 90 cumulative days for reasons other than the
fault of the Design-Builder,the Design-Buildermay terminatethis Agreementby
givingnot less than seven days'written notice. §13.1.4Eitherparty may
terminatethisAgreementuponnot lessthan sevendays'writtennotice shouldthe
otherparty fail substantiallyto perform in accordancewith theterms ofthis
Agreementthrough no fault of the party initiatingthe termination. AlA Document
A141" - 2014. Copyright © 2004 and 2014 by The American Institute of Architects.
All rights reserved, AIACDocument is mit. protected by
u.s.Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AlA5 Document, or any portion of it, may 28 result in
severe civil and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This document was produced by AlA software at
16:43:51 ET on 10/31/2018 under Order No.7640887244 which expires on 12/13/2018,
and is notfor resale. User Notes: (861424439)
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