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AIA Document B103™ – 2017. Copyright © 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute <br />of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This <br />draft was produced by AIA software at 17:16:58 ET on 06/30/2022 under Order No.2114330455 which expires on 06/13/2023, is not for resale, <br />is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report <br />copyright violations, e-mail copyright@aia.org. <br />User Notes: (963532884) <br />24 <br />.11 Registration fees and any other fees charged by the Certifying Authority or by other entities as <br />necessary to achieve the Sustainable Objective; and, <br />.12 Other similar Project-related expenditures. <br />§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the <br />Architect’s consultants plus Ten percent (10 %) of the expenses incurred. <br />§ 11.9 Architect’s Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types <br />and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by <br />the Architect for the additional coverages as set forth below: <br />(Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in <br />Section 2.5, and for which the Owner shall reimburse the Architect.) <br />Not applicable. <br />§ 11.10 Payments to the Architect <br />§ 11.10.1 Initial Payments <br />§ 11.10.1.1 An initial payment of Zero ($ 0) shall be made upon execution of this Agreement and is the minimum <br />payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. <br />§ 11.10.2 Progress Payments <br />§ 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services <br />performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid Thirty-One <br />(31) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate <br />prevailing from time to time at the principal place of business of the Architect. <br />(Insert rate of monthly or annual interest agreed upon.) <br />1.5 % monthly or legal prevailing rate per annum. <br />§ 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or <br />liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in <br />the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution <br />proceeding. <br />§ 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and <br />services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. <br />ARTICLE 12 SPECIAL TERMS AND CONDITIONS <br />Special terms and conditions that modify this Agreement are as follows: <br />(Include other terms and conditions applicable to this Agreement.) <br />§ 12.1 Dispute Resolution <br />§ 12.1.1 Dispute Resolution: Any claims, disputes, or other matters in question between the parties to this <br />Agreement, arising of or relating to this Agreement, shall first be resolved between the parties. <br />§ 12.2 Contingency <br />§ 12.2.1 Contingency: The Architect makes no warranties, express or implied, that its design is free of errors or <br />omissions. The Owner and Architect agree that certain increased costs and changes may be required and are <br />anticipated due to omissions, errors or inconsistencies in the Architect’s drawings and specifications. Therefore, the <br />Owner agrees to set aside a reserve in the amount of five percent (5%) of the estimated cost of construction <br />("contingency amount"). The Owner agrees to make no claim against the Architect or its consultants in connection <br />with any increased cost within this contingency amount. If costs due to changes resulting from design errors, <br />omissions or inconsistencies exceed the contingency amount, then the Architect shall be responsible for premium <br />costs incurred by the Owner above that sum, but only to the extent caused by the Architect's negligent acts, errors or <br />omissions. In no event shall the Architect be responsible for direct costs that the Owner would have incurred in the