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.4 Pt•ofessional Liability
<br />$1,000,000 per occurrence
<br />$1.000.000 aet=_re~ate
<br />ARTICLE 2 OWNER'S RESPONSIBILITIES
<br />§ 2.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
<br />regarding requirements for and limitations on the Project, including a written program which shall set forth the
<br />Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility,
<br />expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request
<br />from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to
<br />evaluate, give notice of or enforce lien rights.
<br />§ 2.2 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.
<br />The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid
<br />unreasonable delay in the orderly and sequential progress of the Architect's services.
<br />§ 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
<br />Upon the Architect's request, the Owner shall furnish copies of the scope of consulting services in the contracts
<br />between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than
<br />those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the
<br />Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The
<br />Owner shall require that its consultants maintain professional liability insurance as appropriate to the services
<br />provided.
<br />§ 2.4 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
<br />reasonably necessary at any time for the Project to meet the Owner's needs and interests.
<br />§ 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
<br />defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service.
<br />ARTICLE 3 COPYRIGHTS AND LICENSES
<br />§ 3,1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
<br />transmitting party is the copyright owner of such information or has permission from the copyright owner to
<br />transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
<br />Service or any other information or documentation in digital form, they shall endeavor to establish necessary
<br />protocols governing such transmissions.
<br />§ 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
<br />Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
<br />other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official
<br />regulatory requirements or for similar purposes in connection with the Project is not to be consttved as publication
<br />in derogation of the reserved rights of the Architect and the Architect's consultants.
<br />§ 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the
<br />Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially
<br />performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall
<br />obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license
<br />granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and
<br />material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable
<br />portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the
<br />Architect rightfully terminates this Agreement for cause as provided in Sections 5.3 and 5.4, the license granted in
<br />this Section 3,3 shall terminate.
<br />§ 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
<br />Service, the Owner releases the ?,t•chitect and Architect's consultant(s) from all claims and causes of action arising
<br />from such uses. The Ownet•, to the extent permitted by law, further agrees to indemnify and hold harmless the
<br />Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes
<br />AIA Document B102T° - 2007 (formerly 8141 TM -1897 Part 1). Copyright ®1917, 1928, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967,1970, 1974,
<br />1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright 3
<br />Law and International Treaties. Unauthorized reproduction or distributlon of this AIAe Document, or any portion of it, may result Imsevere civil and
<br />cdminal penalties, and will he prosecuted to the maximum except possible under thaiaw. This document was produced by AIA software at 09:54:26 on
<br />06/11!2009 under Order No.1000356205_1 which expires on 7/25/2009, and is not for resale.
<br />User Notes: F,_ 1 (2973930606)
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