AG 2002 02 18 (Regular) - Laserfiche WebLink

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9.? Nothing contained in this Agreement shah create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect .... 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. However. subject to the professional standard of care, the Architect shall report to the Owner the presence and location of any hazardous material which it notice.q 9.9 The Architect shah 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 may. in its sole discrefion_sh=!! provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If 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. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement, but the Owner may require and the Architect shall execute, as part of its Basic Services, any certificate or certifications customarily, commonly or reasonably required on projects Of this type. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include reasonable actual expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 except as provided in 10.2.3. reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work'requiring higher than regular rates if authorized in writing in advance by the Owner; .5 renderings, models and mock-ups,requested and authorized in writing in advance by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carded by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below, expiration as noted below. User Document: CABSGYMNASIUMSB 151.AIA - 2/5/2002. AIA License Number 1121653, which expires on 2/28/2002. ~,.~.,. ,,~ Electronic Format B151-1997 15