AG 1996 03 07 - Laserfiche WebLink

Home Browse Search

11:05 ~608 271 1418 E JOHN KNAPP AIA ~ 001 a~'ter Substantial Completion. 9.4 The Owner and Architect waive all right~ against each other and against the contractor~, consultants, agenC~ and employoes of the other for damages, but only to the extent covered by property insurance during construction, except suck fights as they may have to the proceeds of such insurance aa set forth in ~e edition of AIA Document A201, General Conditions of the Contract for Construction, current as of thc date of this. Agreement. The Owner and Architect each shall require similar waivers from their contractors, gonsultants :and agents. ILS The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this AgreemEnt and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agreement between tho Owner and Architect and supersedes a;l prior negotiations, representations or agreements, either written or- oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall. create a contractual relationship with or a cause of action ia favor of a third party against either the Owner or Architect. 9.a Unless otherwise provided in this Agreement, thc Architect and Architect's consultants shall have no responsibility for thc discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorlnated bipheny! (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. 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 thc Owner to be confidential or proprietary. The Owner shall provi{te professional credit for thc Architect on the construction sign and ha tire promotional materials for tite Project. ARTICLE lO PAYMENTS TO THE ARCHtTECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 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 tl~creto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions arid benefits. i0.2 REIMBURSABLE EXPENSES 10.2.~ Reimbursable Expenses are in addi_~j~ to compensation for Basic aad~onal Services aaa incl~ud~e~ ea?~._~._-u, rrcd hy the Architect'a dn_~.e~s employees and cons~the interest of thc Project, as idcnt~qed int~e following Clauses. E;kpenae lO.2.1..1 of traasportatiog..~ .'~ con.nection with the ]Project~es in L connection with autho, r~-_town long-distance com~oasfi and f~es paid for ~ authorities having ~x. isa~tioa over the .Project. 10.2. L2 Exi~ense of reproductions, postage and handLing of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by. thc Owner, expense of overtime work requiring higher than regular rates.