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2 I 3 Burton Hersh, PA I 130 Miracle Mile #200 I Coral Gables, FL 33134 I T 305.446.4877 I AA 26001651 I www.burtonhersh.com A. An initial payment of $11,240.00 upon commencement of work if BHPA is to prepare As-Built CAD drawings (plans and elevations) or $10,180 if the Owner is to provide As-Built CAD drawings (plans and elevations) . B. A second payment of $5,700.00 upon Completion of Floor Plans and Modeling. C. A third payment of $5,700.00 upon completion of Owner’s Adjustments and Views Enhancing. D. Payments for Additional Services and Reimbursable Expenses shall be invoiced monthly by BHPA to the Owner, and are payable upon receipt. Invoices shall be considered past due if not paid within 15 calendar days of the date of the invoice. E. Past due payments shall incur interest in the amount of 1.5% per month. Should payments be past due for 30 days BHPA may suspend the rendering of any additional services. II. Services Not Part of This Agreement: A. The following services are not part of this Agreement and if necessary shall be furnished by the Owner. 1. Asbestos surveys or environmental engineering testing of any kind. An asbestos survey will be required. 2. Any permit fees to governing authorities shall be paid to the Authority by the Owner 3. Construction Documents 4. Development Review Committee (required to be completed after design is determined) 5. Board of Architects (required to be completed after design is determined) III. Miscellaneous Provisions: A. This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. In the event of termination, BHPA shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. B. All reports, drawings, specifications, electronic files, field data, notes and other documents and instruments prepared by BHPA as instruments of service shall retain all common law, statutory and other reserved rights, including the copyright thereto. C. Should the Owner wish to continue the project past the scope of the services as set forth in this agreement with another Architect, BHPA shall provide all CAD drawings to the Owner for use of the Owner’s new Architect. D. This Agreement comprising pages 1 through 3 is the entire Agreement between the Owner and BHPA. It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both Owner and BHPA. E. This Agreement and legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Florida, without regard to conflict of laws principles. F. Should either party institute litigation to enforce this agreement, the prevailing party shall be entitled to the award of reasonable attorneys’ fees, inclusive of appeals successfully maintained. G. All of the provisions of this Agreement are intended to be distinct and severable. If any provision of this Agreement is or is declared to be invalid or unenforceable in any jurisdiction, it shall be ineffective in such jurisdiction only to the extent of such invalidity or unenforceability. Such invalidity or unenforceability shall not affect either the balance of such provision, to the extent it is not invalid or unenforceable, or the remaining provisions hereof, nor render invalid or unenforceable such provision in any other jurisdiction.