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§ 10.41f the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. Ifthe Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond file scope of this Agreement. § 10,5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agrcement, the Architect shall have no responsibility for the discovery, presence, handling, rernovaI or disposal of, or exposure of persons to, hazardous materials or toxic substances in any forth at the project site. § 40.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for° the Architect in the Owner's promotional materials for the Project. § 10.8 if the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors "hose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Inser l amount of or basis fur•, cortlpettsatio) l.} Lump Sun1 Fee of $110,000.00 § '11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert ainotatt of or• basis coniperlsation. If necessaq, list specific set -vices to which paiVentat` wethorls of coulpensafiotl ahl�l }'• 1 Hourly [fates Architect $100/ Hr GAD Drafter $ 65/Hr § 41.3 For Additional Services that may arise during the course of the Project, including those under- Section 4.3, the Owner shall compensate the Architect as follows: (Inset•t aniouni of, or basislot•, compensation.) Hourly Rates Architect $1 OOIHr CAD Drafter $ 65/1-h § 1'1.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus zero percent ( 0 %) or as otherwise stated below: Hourly Rates for Consulting HVAC, Electrical and Plumbing .Engineers Principal $125/Hr trait. AIA Document 13101 —2007 �formcrfy 8151 - -19971. Copyright 1974, 1978, 1987. 1997 and 2007 by The American institute of Archilects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 7 this AIA Document, or any portion of it. may result In severe civil and criminai penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 11:15:50 on 0710812011 under Order No.87892.96886_7 which expires on 05110/2012, and N not for I1sor Notes; AtiANKRY6ber 2 G -4 Page 265