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.9 All taxes levied on professional services and on reimbursable expenses; and .11 Other similar Froject-related expenditues. I S 9.42 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architm and the I aonitect's consulanfs plus zero perc€nt ( 0 %) of the expenses incurred. S 9.4.3 Reimbursable Expenses will be allocated to each Service Agreement- $ 9.5 Payments to the Architect $ 9.5.1 Progress Payrnnts $ g.S.t.t Unless otherwise agreed, payments for services provided pwsuatrt to a Service Agreement shall be made monthly in proportion to s"ruices performed. Payments are due and payable upon presentation of the Architect's invoice. emou"ts unpaid sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereo?at the legal rate prevailing from time to time at the principal place of business of the Architect. (InserT rate of monthly or anmtal interest agreed upon-) 4 %monthly. S 9.5.f .2 The Owner shall not withhold amormts from the Architect's compensation to impose a penalty or ftquidatea damagss on the Architect, or to offset sums requested by or paid to contractors for the cost ofchanges in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. In any eveng the Owner shall not wi&hold payments to the Architect p€rtaining to a Service Agreement to offset amounts in dispute rmder a separat€ Service Agreement. $ 9.5.1.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times' ARnCLE 10 HSCELl.AllEoUs PRovlsloNs $ 10.1 Each Service Agreement shall be govemed by the law of the place where the Project described in the louic" Order is locate?, excluding that jurisdiction's choice of law rules. lf the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govem Section 7.3- $ 10.2 Notice shall be provided in writing to the designated representative of the party_tq whom the notice is iddressed ard shall be-deerned to have been duly served ifdelivered in pe"son, by mail, by courier, or by electronic transmission $ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal fopresenatives to each Service Agreement. Neither the Owner nor the Architrct shall assign a Service without the written consent of the-other, except that the Owner may assip a Service Agreemsnt to a lender providing financing forthe Project if fte lender agrees to €lssume fhe Ownsr's rigbts and obligations rmder the 'service esreement, including any payments due to tle fuchitect by the Owner prior to the assignment- $ 10,4 If the Owner requesb the Architect to execute certificates, the proposed language of such certificates shall 6e submitted to the nrihitect for review at least 14 days pnor to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assimment to 1 lender, the Architect shall execute all zuch consents that are consistent with the Service Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to, execut€ certificates or cons€nts that would require knowledge, services, or responsibilities beyond the scope ofthe Service Agreement. $ 10.5 Unless ofherwise required in a Service Agreement, the Architect shall have no responsibility for the iioot"ry, presencq handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic zubstances in any form at the Project site. $ 10.6 The Architect shall have the right to include photographic or artistic repr€sentaliory ofthe design ofthe ilojects for which services are performed among thi erchitect's promotional and professional materials. The ercnitect shall be given reasonable access to thJcompleted Projects to make such rqresentations. However, the Architect's materiils shall not inctude the Owner's connOelrtiA or proprieAry information if the Owner has Al,A Docilment 8'121 - 2018. Copyright@2014 and 2018. Allrights res€n ed, The American lnstitute of Architects,''American hdiarte of Atdritecls'"'AlA' lhe AIA Logo, and'AlA under Subscdptio{t Contsact Do€'fienb'are rad€ma*s of The Am€rican lnsliut€ of Arcfiitecls. Thb document No.202500991 30 sfiictt oxpires on 02/06/20m, is not for r€sab, is licertsed for one-time usa the AtA Contraci Doctrnentso Terms of SeMce. To wasDrcducedatll:29:51PgTm 10fnln25 n onY, ana may only be used in mdance wfi ursrNot6: report copyright vlolations, e-mail docinfo@aiacontracts.mm. (68fbgBfi6m77366mgc2)