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2 I 3 <br /> <br /> <br />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 <br />B. A second payment of $4,000.00 upon Commencement of Board of Architects submittal. <br /> <br />C. A third payment of $3,000.00 upon submittal of Board of Architects submittal to the City. <br /> <br />D. A fourth payment of $1,000.00 upon Preliminary Approval from the Board of Architects. <br /> <br />E. Payments for Additional Services and Reimbursable Expenses shall be invoiced monthly by BHPA to the Owner, and <br />are payable upon receipt. Invoices shall be considered past due if not paid within 15 calendar days of the date of the <br />invoice. <br /> <br />F. Past due payments shall incur interest in the amount of 1.5% per month. Should payments be past due for 30 days <br />BHPA may suspend the rendering of any additional services. <br /> <br />II. Services Not Part of This Agreement: <br /> <br />A. The following services are not part of this Agreement and if necessary shall be furnished by the Owner. <br />1. Asbestos surveys or environmental engineering testing of any kind. An asbestos survey will be <br />required. <br />2. Any permit fees to governing authorities shall be paid to the Authority by the Owner <br />3. Construction Documents (Proposal to be provided after Board of Architects and determination of final <br />shell configuration). <br /> <br />III. Miscellaneous Provisions: <br /> <br />A. This Agreement may be terminated by either party upon not less than seven days' written notice should the <br />other party fail substantially to perform in accordance with the terms of this Agreement through no fault of <br />the party initiating the termination. In the event of termination, BHPA shall be compensated for services <br />performed prior to termination, together with Reimbursable Expenses then due. <br /> <br />B. All reports, drawings, specifications, electronic files, field data, notes and other documents and instruments <br />prepared by BHPA as instruments of service shall retain all common law, statutory and other reserved rights, <br />including the copyright thereto. <br /> <br />C. Should the Owner wish to continue the project past the scope of the services as set forth in this agreement <br />with another Architect, BHPA shall provide all CAD drawings to the Owner for use of the Owner’s new <br />Architect. <br /> <br />D. This Agreement comprising pages 1 through 3 is the entire Agreement between the Owner and BHPA. It <br />supersedes all prior communications, understandings and agreements, whether oral or written. <br />Amendments to this Agreement must be in writing and signed by both Owner and BHPA. <br /> <br />E. This Agreement and legal actions concerning its validity, interpretation and performance shall be governed <br />by the laws of the State of Florida, without regard to conflict of laws principles. <br /> <br />F. Should either party institute litigation to enforce this agreement, the prevailing party shall be entitled to the <br />award of reasonable attorneys’ fees, inclusive of appeals successfully maintained. <br /> <br />G. All of the provisions of this Agreement are intended to be distinct and severable. If any provision of this <br />Agreement is or is declared to be invalid or unenforceable in any jurisdiction, it shall be ineffective in such <br />jurisdiction only to the extent of such invalidity or unenforceability. Such invalidity or unenforceability shall <br />not affect either the balance of such provision, to the extent it is not invalid or unenforceable, or the remaining <br />provisions hereof, nor render invalid or unenforceable such provision in any other jurisdiction. <br /> <br />