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<br />additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in
<br />accordance with applicable law in any court having jurisdiction thereof.
<br />
<br />§ 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
<br />accordance with applicable law in any court having jurisdiction thereof.
<br />
<br />§ 1,3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
<br />The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising
<br />out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
<br />damages due to either party's termination in accordance with Section 1,3,8.
<br />
<br />§ 1.3.7 MISCELLANEOUS PROVISIONS
<br />§ 1.3.7.1 This Agreementsnall be governed by the law of the principal place of business of the Architect, unless
<br />otherwise provided inSection 1.4.2.
<br />
<br />§ 1.3.7.2 Terms inthisAgreement shall have the same meaning as those in the edition of AlA Document A201,
<br />General Conditions of the Contract for Construction, current as of the date of this Agreement.
<br />
<br />§ 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed
<br />to have accrued and the applìcable statutes of limitations shall commence to run not later than either the date of
<br />Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of
<br />the final CertificateforPaymetltfor acts or failures to act occurring after Substantial Completion. In no event shall
<br />such statutes of limitations. commence to run any later than the date when the Architect's services are substantially
<br />completed.
<br />
<br />§ 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect
<br />waive all rights against each other and against the contractors, consultants, agents and employees of the other for
<br />damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA
<br />Document A20 1, GeneralConditions of the Contract for Construction, current as of the date of this Agreement. The
<br />Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of
<br />them similar waivers in favor of the other parties enumerated herein,
<br />
<br />§ 1.3.7.5 Nothing contained in this,Ægreement shall create a contractual relationship with or a cause of action in
<br />favor of a third party against eithertheOwner or Architect.
<br />
<br />§ 1.3,7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no
<br />responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous
<br />materials or toxic substances in any form at the Project site,
<br />
<br />§ 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the
<br />Project among the Architect's promotional and professional materials. The Architect shall be given reasonable
<br />access to the completed Project to make such representations. However, the Architect's materials shall not include
<br />the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of
<br />the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide
<br />professional credit for the Architect in the Owner's promotional materials for the Project.
<br />
<br />§ 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall
<br />be submitted to the Architect for review at least 14 days prior to the requested dates of execution, The Architect
<br />shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the
<br />scope of this Agreement.
<br />
<br />§ 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal
<br />representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives
<br />of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign
<br />this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an
<br />institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and
<br />
<br />AlA Document B141TM -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
<br />American Institute of Architects. All rights reserved. WARNING: This AIAf> Document is protected by U.S, Copyright Law and International Treaties.
<br />Unauthorized reproduction or distributIon Of this AlA" Document, or any portion Of It, may result In severe civil and criminal penalties, and will be
<br />prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:42:20 on 10/29/2004 under Order
<br />No.1 000091736_1 which expires on 1/12/2005, and is not for resale.
<br />User Notes:
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