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<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 A201, General Conditions 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.
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<br />~ 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with orl a $se of action in
<br />favor of a third party against either the Owner or Architect. I I
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<br />. ... .., I c",^",=~.",." .. M . ".... .. ...... . .......,
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<br />~ 1.3.7.6 Unless otherWIse prOVIded ill this Agreement, the Architect and Architect s consultants shall. have no===-==..=~~,~~~~
<br />res~sibility f~ the discovery, presence, handling,. removal or disposal of or exposure of ~rs?ns to hazardous
<br />matenals or tOXIC substances ill any form at the Project site. ! i
<br />I i
<br />~ 1.3.7.7 The Architect shall have the right to include photographic or artistic representations~ofthe design of the
<br />Project among the Architect's promotional and professional materials. The Architect shall b.e ~ven reasonable
<br />access to the completed Project to make such representations. However, the Architect's mabals shall nofIDClude
<br />the Owner's confidential or proprietary information if the Owner has previously advised thJ Ar~tect in tnt(ng of
<br />the specific infor01ation considered by the Owner to be confidential or proprietary. The OJner~shall provide!
<br />professional credit for the Architect in the Owner's promotional materials for the Project. II I I l
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<br />~ 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of sticlrcettific'ateslshaIl-!
<br />be submitted to the Architect for review at least 14 days prior to the requested dates of exeJu1iQ!l,=Th~tAr&btl~L....-.<.=~_~=J
<br />shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the
<br />scope of this Agreement. ~~""'/J~
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<br />~ 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns ang)egal""",,,>~">r-'"
<br />representatives to the other party to this Agreement and to the partners, successors, assigns and I gal'fepresen14tives
<br />of such other party with respect to all covenants of this Agreement Neither the Owner nor c!ytect"snall ~ssib
<br />this Agreement without the written consent of the other, except that the Owner may assign trus'~~ment to sit I
<br />institutional lender providing financing for the Project. In such event, the lender shall assuJie.th~oWUer!&tjghis aI}d
<br />obligations under this Agreement. The Architect shall execute all consents reasonably required to taCilit!J.!e such ~...
<br />assignment.'-"'",,,,,,.,,,,,,,,,,, '"'~"''*'''')
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<br />g 1.3.8 TERMINATION OR SUSPENSION '>"'~'~
<br />~ 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this AgreemetlJ:.rsuch,f~lure shall 4";"";" I
<br />be considered substantial nonperformance and cause for termination or, at the Architect's op1j.on, cause fol\ ,~./' .,,)
<br />suspension of peJjormance of services under this Agreement If the Architect elects to sus~d~fVlCeS:<~~}(J'r/"",~
<br />suspension of services, the Architect shall give Seven days' written notice to the Owner. In the e'vent of a SUSpen~OIf
<br />of services, the Architect shall have no liability to the Owner for delay or damage caused ttl.e q.wner becadse otisuch
<br />suspension of services. Before resuming services, the. Architect shall be paid all sums due Ifporl to suspen~ion R~d
<br />any expenses incurred in the interruption and resumption of the Architect's services. The ^Ichiteces fees for t:{1e
<br />remaining services and the time schedules shall be equitably adjusted. I L~~~! I
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<br />~ 1,3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Mchitect'shall'be~'-~=-~=="
<br />compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect
<br />shall be compensated for expenses incurred in the interruption and resumption of the Architect's seryices,;""The--....
<br />Architect's fees for the remaining services and the time schedules shall be equitably adjusted.,/,/'. "
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<br />~ 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than ,~~;~:~~ \
<br />Architect may terminate this Agreement by giving not less than seven days' written notice. { f , \
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<br />~ 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' !rit~ notice should the ! I
<br />other party fail substantially to perform in accordance with the terms of this Agreement thr~ugJ} no fault of the party l I
<br />initiating the termination. I ~~~ -= I
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<br />111I7 by The American Institute of Architects. 1Il1 dgbt. r..."...... WA1lNDlli. '!'hi. ll.:tA~ ~t is protect.'" br V.S. C<lPl'dlll>t La.. &lO4 8
<br />xnt."""U......l 'I'2:.atl... v:nauthod..", reprotl."cUCIID or .u.tdJ>utlCIID of this ll.%Ao _t, or az1)' porUCIID of It, _y r.."lt b ...-r.
<br />c:i...U ...", cri:a!D&l p....ltl.., ...", ..111 Ite pro.......t.", to !:he __ __t> po.dJ>l. .....s.r !:he 1.... This draft was produced by AlA
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