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§11.10.2 Progress Payments
<br /> §.11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services
<br /> performed.Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid Thirty(30
<br /> days after the invoice date shall bear interest at the legal rate prevailing from time to time at the principal place of
<br /> business of the Architect.
<br /> (Paragraph Deleted)
<br /> Not Applicable %
<br /> §11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or
<br /> liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in
<br /> the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution
<br /> proceeding.•
<br /> §11.10.13 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and
<br /> services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.
<br /> ARTICLE 12 ,SPECIAL TERMS AND CONDITIONS
<br /> Special terms and conditions that modify this Agreement are as follows:
<br /> (Paragraph Deleted)
<br /> 12.1 STANDARD OF CARE
<br /> 12.1.1 The Architect shall provide it services in accordance with accepted standards for architects providing services
<br /> related to project of similar size and scope,and in the general geographic area of the Project.The Owner and the
<br /> Architect understand,.acknowledge,and agree that the Architect shall be acting as an independent contractor at all
<br /> times during the performance of this Agreement,and no provision or obligation expressed or implied in this
<br /> Agreement shall create an employment,agency,or fiduciary relationship.
<br /> 12"2 TRANSFER OF ELECTRONIC DRAWING FILES
<br /> 12.2.1 If requested by the Owner,the Architect shall provide one copy of the Project Record Documents in
<br /> electronic form,(i)to the Owner for purposes of reference and facility management only.(Reference Used;or(ii)to
<br /> third.parties to use as backgrounds only for submittals or drawings prepared by such third parties,(Background
<br /> Uses):The-Owner understands and acknowledges that after the Project Record Documents are provided they can
<br /> deteriorate undetected,can be modified without the Architect's knowledge or participation,and may not be readable
<br /> by the Owner or"bylhird parties,or the Project Record Documents may be modified by the Architect after the
<br /> Project Record Documents are provided pursuant to this paragraph,any of which circumstances could cause damage
<br /> or loss to the Owner.The Owner acknowledges that the use of the Project Record Documents by the Owner or
<br /> Owner's contractors will save the'Owner considerable time and expense in the coordination and management of the
<br /> Project,which represents good and valuable considerations for the following release and indemnification agreement.
<br /> THEREFORE FOR AND IN CONSIDERATION OF THE ARCHITECT'S AGREEMENT TO PROVIDE
<br /> THIS SERVICE TO DELIVER THE PROJECT RECORD DOCUMENTS AS DESCRIBED IN THIS
<br /> PARAGRAPH,THE OWNER AGREES TO RELEASE,INDEMNIFY,DEFEND,AND HOLD
<br /> HARMLESS THE ARCHITECT AND ITS CONSULT ANTS,CALLED THE INDEMNITEES,FROM
<br /> AND AGAINST ANY AND ALL CLAIMS,DEMANDS,CAUSES OF ACTION,SUITS,LIABILITIES,
<br /> LOSSES,DAMAGES,COSTS,EXPENSES,EXPERT WITNESS FEES AND REASONABLE
<br /> ATTORNEY'S FEES ANO DEFENSE COSTS,ARISING FROM OR IN ANY WAY CONNECTED
<br /> WITH THE USE,MODIFICATION,OR INTERPRETATION OF THE PROJECT RECORD ORA
<br /> WINGS.PROVIDED BY THE INDEMNITEES FOR THE PROJECT PURSUANT TO THl S
<br /> PARAGRAPH,ON A COMPARATIVE FAULT BASIS WITH REGARD TO THE REFERENCED
<br /> USES,AND WITH REGARD TO THE BACKGROUND USED.THE OWNER ACKNOWLEDGES
<br /> THAT THIS SERVICE SHALL NOT CONSTITUTE A SALE OF GOODS;AND,THE ARCHITECT
<br /> MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE IN
<br /> Init. AIA Document B101—2017.Copyright @ 1974,1978,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute
<br /> of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 23
<br /> 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
<br /> / in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com.
<br /> User Notes: (3139ADA26)
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