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ARTICLE 12 <br />OTHER CONDITIONS OR <br />SERVICES <br /> <br />12.1 CONSTRUCTION <br />PHASE ADMINISTRATION <br /> <br />12.1.1 The Architect will visit the site <br />four times during the construction period <br />to review construction progress, and two <br />additional times for punch list and final <br />reviews. The plumbing, mechanical, and <br />electrical engineers will visit the site two <br />times each to review progress and one <br />time each for punch list review. <br /> <br />12.2 DISPUTE RESOLUTION <br /> <br />12.2.1 Ifa dispute arises out of or <br />related to this Agreement, or its alleged <br />breach, and if that dispute has not been <br />settled through direct discussions within <br />a reasonable period, the parties to this <br />Agreement agree to first endeavor to <br />settle the dispute in an amicable manner <br />by submitting the dispute to a mutually <br />acceptable mediator under the <br />Construction Industry Mediation Rules, <br />before having recourse to a judicial <br />forum. Each party further agrees that it <br />will endeavor to follow a similar dispute <br />resolution procedure to resolve any <br />disputes against any third parties <br />(including the Contractor) which arise <br />out of or relate to work. <br /> <br />12.3 LIMITATIONS OF <br />LIABILITY <br /> <br />12.3.1 In recognition of the relative risks <br />and benefits of the project to both Owner <br />and Architect, the risks have been <br />allocated such that the Owner agrees to <br /> <br />the fullest extent permitted by law, to <br />limit the liability of the Architect and his <br />or her subconsultants to the Owner and <br />to all construction contractors and <br />subcontractors on the project for any and <br />all claims, losses, costs, damages of any <br />nature whatsoever or claims expenses <br />from any cause or causes, so that the <br />total aggregate liability of the Architect <br />and his or her subconsultants to all those <br />named shall not exceed $250,000, or the <br />Architect's total fee for services rendered <br />on this project, whichever is greater. <br />Such claims and causes include, .but are <br />not limited to negligence, professional <br />errors or omissions, strict liability, breach <br />of contract or warranty. <br /> <br /> <br />