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§10"4 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.If the 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 the scope of this Agreement. §19.5 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 Agreement,the Architect 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. §10.7 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.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. §10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary,'.'the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. §10.8.1 The receiving party,may disclose"confidential"or"business proprietary"information after 7 days'notice to the other party;when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such informationlo its employees,consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. §10.9 The invalidity of any,provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such'case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions-and purposes in executing the Agreement. ARTICLE 11 COMPENSATION' . §I M For-the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) Not Applicable .2 Percentage Basis (Insert percentage value) Seven(7.00)%of the Owner's budget for the Cost of the Work,as calculated in accordance with Section 11.6. Init. AIA Document B101—2017.Copyright @ 1974,1978,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 20 17:10:13 ET on 11/30/2023 under Order No.4104245152 which expires on 09/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail dodnfo@aiacontracts.com. Notes: (3139ADA213)