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3 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 />above shall be paid by the Owner on All disputed invoice amounts that are subsequently resolved in the Architect’s <br />favor and shall be calculated on the unpaid balance from the due date of the invoice. <br />1. The payment of an invoice or portion thereof by the Owner shall represent the Owner’s approval and agreement <br />of the charges represented thereby. <br /> <br />VIII. 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 <br />2. Landscape architecture <br />3. Engineering testing of any kind <br />4. Property surveys <br />5. Structural engineering. Structural engineering is provided by the Owner’s engineer Francisco Cello, PE. Its <br /> Its work shall be coordinated by BHPA. <br /> <br />IX. Miscellaneous Provisions: <br /> <br />A. Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the <br />Contract for Construction, current as of the date of this Agreement <br /> <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. Furthermore, this Agreement may be terminated by the Owner upon not less than seven days' written <br />notice to the architect in the event that the Project is permanently abandoned. In the event of termination not the fault of <br />BHPA, BHPA shall be compensated for services performed prior to termination, together with Reimbursable Expenses <br />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. 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 />Should you be in agreement with this proposal please sign where indicated below. <br /> <br /> Sincerely, Accepted and Approved: <br /> <br /> <br /> <br /> Burton H. Hersh, AIA By: <br />