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§ 13.2 Binding Dispute Resolution
<br /> For any Claim subject to,but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017,the
<br /> method of binding dispute resolution shall be as follows:
<br /> (Cheek the appixipriate box)
<br /> [ ] Arbitration pursuant to Section 15 of AIA Document A201-2017
<br /> [X j Litigation in a court of competent jurisdiction
<br /> [ j Other(Specify)
<br /> If the Owner and Contractor do not select a method of binding dispute resolution,or do not subsequently agree in
<br /> writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in a court of
<br /> competent jurisdiction.
<br /> ARTICLE 14 TERMINATION OR SUSPENSION
<br /> § 14.1 Termination
<br /> § 14.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
<br /> A201-2017.
<br /> § 14.1.2 Termination by the Owner for Cause
<br /> § 1412.1 If the Owner terminates the Contract for cause as provided in Article 14 of AiA Document A201-2017,the
<br /> amount,if any,to be paid to the Contractor under Article 14 of ATA Document A201 -2017 shall not cause the
<br /> Guaranteed Maximum Price to be exceeded,nor shall it exceed an amount calculated as follows:
<br /> .1 Take the Cost of the Work incurred by the Contractor to the date of termination;
<br /> .2 Add the Contractor's Fee,computed upon the Cost of the Work to the date of termination at the rate
<br /> stated in Section 5.1.1 or,if the Contractor's Fee is stated as a fixed sum in that Section,an amount that
<br /> bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a
<br /> reasonable estimate of the probable Cost of the Work upon its completion;
<br /> .3 Subtract the aggregate of previous payments made by title Owner,and
<br /> .4 Subtract the costs and damages incurred,or to be incurred,by the Owner under Article 14 of AIA
<br /> Document A201-2017.
<br /> § 14.1.2.2 The Owner sha11 also pay the Contractor fair compensation,either by purchase or rental at the election of the
<br /> Owner,for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in
<br /> the Cost of the Work under Section 14.1.2.1.1.To the extent that tie Owner elects to take legal assignment of
<br /> subcontracts and purchase orders(including rental agreements),the Contractor steal I,as a condition of receiving the
<br /> payments referred to in this Article 14,execute and deliver all such papers and take all such steps,including the legal
<br /> assignment of such subcontracts and other contractual rights of the Contractor-,as the Owner may require for the
<br /> purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase
<br /> orders,
<br /> § 14.1.3 Termination by the Owner for Convenience
<br /> If the Owner terminates the Contract for convenience ill accordance with Article 14 of AIA Document A201-2017,
<br /> then the Owner shall pay the Contractor a termination fee as follows:
<br /> (Insert the amount of or method for determining the fee, if'any;payable to the Contractor-following a termination for.
<br /> -- the Owner'srn>yenience)
<br /> All fees,costs,and expenses incurred by the Contractor and its Subcontractors and suppliers arising out of or related to
<br /> the termination of tale Contract,along with demobilization expenses,in addition to payment of the Cost of Work and
<br /> Fee for all Work completed at the titne of the termination.Clark's fee will be based strictly on the percent completion
<br /> of the work in place.
<br /> In it. AIA Document A102-2017,Copyright 0 1920,1925,la51,1958,1981:1963 1967,1974,1978,1987,1997,2007 and 2017,Ail rights reserved."The American
<br /> Institute of Architocts,""American Institute of Architects;"AIA,"the AIA Logo.and A€A Contract Documents*are trademarks of The American institute of Architects.
<br /> This document was produced at 15:07 01 CT on 1211212023 under Order No.4104240617 which expires on 03110/2024,is not for resale,is licensed tar one-time13
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