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4 I 4 <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. This Agreement may be terminated by either party upon not less than seven days' written notice should the other party <br />fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the <br />termination. In the event of termination, BHPA shall be compensated for services performed prior to termination, <br />together with Reimbursable Expenses then due. <br /> <br />C. All reports, drawings, specifications, electronic files, field data, notes and other documents and instruments prepared by <br />BHPA as instruments of service shall retain all common law, statutory and other reserved rights, including the copyright <br />thereto. <br /> <br />D. This Agreement comprising pages 1 through 4 is the entire Agreement between the Owner and BHPA. It supersedes <br />all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement <br />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 by the laws <br />of the State of Florida. <br /> <br />F. Should either party institute litigation to enforce this agreement, the prevailing party shall be entitled to the award of <br />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 Agreement is or <br />is declared to be invalid or unenforceable in any jurisdiction, it shall be ineffective in such jurisdiction only to the extent <br />of such invalidity or unenforceability. Such invalidity or unenforceability shall not affect either the balance of such <br />provision, to the extent it is not invalid or unenforceable, or the remaining provisions hereof, nor render invalid or <br />unenforceable such provision in any other jurisdiction. <br /> <br />IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first hereinabove written. <br /> <br /> Architect: Owner: <br /> Burton Hersh, PA Skyy Properties, Inc. <br /> a Florida for Profit Corporation a Florida for Profit Corporation <br /> <br /> By: By: <br /> Burton H. Hersh, AIA, Gregory Yu, <br />, President President <br />