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<br />User Notes: (963532884)
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<br />§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
<br />architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
<br />perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
<br />the Project. The Architect makes no other representations or warranties, whether expressed or implied, with respect
<br />to the services rendered hereunder.
<br />§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
<br />Project.
<br />§ 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any
<br />employment, interest or contribution that would reasonably appear to compromise the Architect’s professional
<br />judgment with respect to this Project.
<br />§ 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the
<br />requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner
<br />shall pay the Architect as set forth in Section 11.9.
<br />§ 2.5.1 Commercial General Liability with policy limits of not less than One Point Five Million Dollars
<br />($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) in the aggregate for bodily injury
<br />and property damage.
<br />§ 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy
<br />limits of not less than One Point Five Million Dollars ($ 1,500,000.00) per accident for bodily injury, death of any
<br />person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with
<br />any other statutorily required automobile coverage.
<br />§ 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and
<br />Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such
<br />primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages
<br />required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide
<br />narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying
<br />limits only through the actual payment by the underlying insurers.
<br />§ 2.5.4 Workers’ Compensation at statutory limits.
<br />§ 2.5.5 Employers’ Liability with policy limits not less than One Million Dollars ($ 1,000,000.00) each accident,
<br />One Million Dollars ($ 1,000,000.00) each employee, and One Million Dollars ($ 1,000,000.00) policy limit.
<br />§ 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional
<br />services with policy limits of not less than Two Million Dollars ($ 2,000,000.00) per claim and Four Million Dollars
<br />($ 4,000,000.00) in the aggregate.
<br />§ 2.5.7 Additional Insured Obligations. If requested by the Owner, to the fullest extent permitted by law, the Architect
<br />shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability
<br />to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts
<br />or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s
<br />insurance policies and shall apply to both ongoing and completed operations.
<br />§ 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the
<br />requirements in this Section 2.5.
<br />§ 2.6 The Architect agrees that during the performance of this Agreement, no person shall, on the grounds of race,
<br />color, religion, age, sex, sexual orientation, disability, marital status, public assistance status, creed or national origin
<br />be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to
<br />discrimination under any applicable federal and state laws against discrimination.
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