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CONNECTION WITH THE SERVICE OF PROVIDING THE PROJECT RECORD DOCUMENTS,OR <br /> THAT THE PROJECT RECORD DOCUMENTS WILL BE USABLE OR ACCURATE,WHICH <br /> WARRANTIES,AND REPRESENTATIONS ARE EXPRESSLY DISCLAIMED.THE OWNER <br /> ACKNOWLEDGES THAT THIS INDEMNITY AGREEMENT IS CONSPICUOUS AND THE <br /> INDEMNIFICATION APPLIES TO THE USE OF THE PROJECT RECORD DOCUMENTS FOR THIS <br /> PROJECT,ADDITIONS TO nus PROJECT,OR COMPLETION OF THIS PROJECT BY OTHERS. <br /> The Architect shall provide additional copies of the Project Record Documents,if requested by the Owner,upon <br /> payment to the Architect of a service fee in the amount of fifty dollars($50.00)per sheet. <br /> 12.3 OWNER DIRECTED REVISIONS <br /> 12.3.1 In the event that the Owner chooses to accept,and directs the Architect to make revisions to the Construction <br /> Documents to include value engineering,value reduction,or material substitutions proposals made by the <br /> Contractor,Owner's consultants,or others,and the Architect does not recommend acceptance of such proposed <br /> revisions,the Owner shall RELEASE,INDEMNIFY,AND DEFEND THE ARCHITECT AND ITS <br /> CONSULTANTS,ALL INDEMNITEES,FROM AND AGAINST ALL DAMAGES,LOSSES,LIABILITIES, <br /> COSTS AND ATTORNEYS TEES CALLED DAMAGES,ARISING FROM SUCH REVISIONS TO THE <br /> CONSTRUCTION.DOCUMENTS. <br /> 12.4 DESIGN CONTINGENCY <br /> 12.4.J The Owner understands and acknowledges that although the Instruments of Service shall be prepared within <br /> the Standard of Care stated in paragraph 12.1 of this Agreement,the Contractor may require additional information <br /> from the Architect to clarify and coordinate the design intent shown in the Construction Documents that result in <br /> increases in the Construction.Cost.Therefore,the Owner agrees to include a contingency of Five Percent(5%)in the <br /> Owner's construction budget to pay for construction costs arising from such issues and TO RELEASE THE <br /> ARCHITECT FROM LIABILITY FOR DAMAGES ARISING FROM RELATED INCREASES IN THE <br /> PROJECT CONSTRUCTION COST.For the purposes of this Paragraph,Damages are defined as the cost of <br /> construction relative to the Project added by Change Order that is more than the cost would have been if the cost <br /> would have been in the information or that construction had been included in the original Construction Documents. <br /> IZ5 HAZARDOUS MATERIALS <br /> 12.5.1 It is acknowledged by both parties that the Architect's scope of services does not include any services related <br /> to detection,reporting,permitting,analysis,or abatement of asbestos or hazardous or toxic materials and organisms. <br /> In the event the Architect or any other party encounters asbestos or hazardous or toxic materials at the jobsite,or <br /> should it become known in any way that such materials may be present at the jobsite or any adjacent areas that may <br /> affect the performance of the Architect's services,the architect may,at his or her option and without liability for <br /> consequential or any other damages,suspend performance of services on the Project until the Owner retains <br /> appropriate specialist consultants or contractors to identify,abate and/or remove the asbestos,hazardous or toxic <br /> materials and organisms and warrant that the jobsite is in full compliance with applicable laws and regulations. <br /> 12.6 PARTIAL INVALIDITY <br /> 12.6.1 Whenever possible,each provision of this Agreement shall be interpreted in such a way as to be effective and <br /> valid under applicable law.In the event any term or condition of this Agreement is found by a court of competent <br /> jurisdictions to be void or unenforceable,it shall be invalid only to the extent of such invalidity without invalidating <br /> the remaining parts of the Agreement,which shall be enforceable to the greatest extent under applicable law. <br /> 12.7 ACCELERATED PROJECT DELIVERY ADVISORY AND ACKNOWLEDGEMENT <br /> 12.7.1 In the event the Owner chooses to take advantage of the potential time and cost savings benefits of an <br /> accelerated project delivery process,the Owner acknowledges that it has been advised that such a process will affect <br /> the Project.Some of the effects of an accelerated project delivery process include the necessity of making early or <br /> premature commitments to design decisions and the issuance of incomplete and uncoordinated Construction <br /> Documents per permitting,bidding,and construction purposes in order to maintain a fast track or accelerated <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 24 <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: (3B9ADAM) <br />