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I 12.7 STANDARD OF CARE/DISCLAIMER OF WARRANTIES <br /> 12.7.1 Nothing contained in this Agreement shall require the Architect to exercise professional skill and judgment <br /> greater than that which can be reasonably expected from other architects performing similar services to those <br /> required hereunder. Architect makes no other warranties,express or implied. This limitation shall not be modified <br /> by any certification or representation made by Architect as an accommodation upon request of Owner. Architect <br /> shall not be responsible for any failure to follow or apply any knowledge or techniques which were not generally <br /> known,acknowledged or accepted as of the time during which Architect is performing his services under this <br /> Agreement. The parties acknowledge that notwithstanding the exercise of due care and skill,no set of plans and <br /> specifications is entirely free of errors and omissions and that the existence of an error or omission does not <br /> automatically constitute a breach of the standard of care. Accordingly,if,as a result of any negligent acts,errors <br /> and omissions of which the Architect has legal responsibility,the Owner incurs an accumulation of excess costs <br /> over two percent(2%)of the actual project construction cost,the Architect shall bear the burden of such <br /> accumulation of excess costs over the 2%;provided said accumulation of excess costs shall not include any <br /> improvement costs or betterment costs and shall not exceed the difference between(1)the actual construction costs <br /> resulting from such negligent acts,errors and omissions of the Architect and(2)an estimate of what such costs <br /> would have been at the time of the signing of the construction contract. The Architect shall have no liability for any <br /> such excess costs which are less than two percent(2ero)of the actual project construction costs. <br /> 12.7.2 If due to Architect's breach of the standard of care,any required item or component of the Project is omitted <br /> from the Architect's Construction Documents,Architect shall not be responsible for paying the cost to add such item <br /> or component to the extent that such item or component would have been otherwise necessary to the Project or <br /> otherwise adds value or betterment to the Project. In no event will Architect be responsible for any cost or expense <br /> that provides betterment,upgrade or enhancement to the Project. <br /> 12.8 INDEMNITY FROM CONTRACTOR REQUIRED IN CONSTRUCTION CONTRACT <br /> I 12.8.1 Architect will cause the following clause to be inserted in the construction contracts)and Owner shall not <br /> permit it to be modified or deleted: <br /> 12.8.2 To the fullest extent permitted by law,the Contractor shall waive any right of contribution and shall <br /> indemnify and hold harmless the Owner,the Architect and their agents and employees and consultants from and <br /> against all claims,damages,losses and expenses,including but not limited to attorneys`fees and economic or <br /> consequential damages,arising out of or resulting from or in connection with the performance of the Work,provided <br /> that any such claim,damage,loss or expense is caused in whole or in part by any negligent act or omission of any <br /> Contractor,any subcontractor,anyone directly or indirectly employed by any of them or anyone for whose acts any <br /> of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder. Such <br /> obligation shall not be construed to negate,abridge,or otherwise reduce any other right or obligation of indemnity <br /> which would otherwise exist as to any party or person described in this Agreement. <br /> 12.8.3 In any and all claims against the Owner or Architect or any of their agents or employees and consultants by <br /> any employee of the Contractor or any Subcontractor,anyone directly or indirectly employed by any of them or <br /> anyone for whose acts any of them may be liable,the indemnification obligation under this Paragraph agreement <br /> shall not be limited in any way by any limitation on the amount or type of damages,compensation or benefits <br /> payable by or for the Contractor or any Subcontractor under workers'or workmen's compensation acts,disability <br /> benefit acts or other employee benefits acts. <br /> 12.8.4"Claims,damages,losses and expenses"as these words are used in this Agreement shall be construed to <br /> include,but not be limited to(1)injury or damage consequent upon the failure of or use or misuse by Contractor,its <br /> Subcontractors,agents,servants or employees,of any hoist,rigging,blocking,scaffolding,or any and all other kinds <br /> of items of equipment whether or not the same be owned,furnished or loaned by Owner;(2)all attorneys'fees and <br /> costs incurred in bringing an action to enforce the provisions of this indemnity or any other indemnity contained in <br /> the General Conditions,as modified by the Supplementary General Conditions;and(3)time expended by the party <br /> being indemnified and their employees,at their usual rates plus costs of travel,long distance telephone and <br /> reproduction of documents." <br /> 12.8.5 Only to the extent necessary to prevent this provision from being void under governing law,this indemnity <br /> AIA Document B'181"'—2007(formerly B1511"—1997).Copyright©1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights <br /> InlL reserved.WARNING:This AIA'Document is protected by U S Copyright Law and International Treaties Unauthorized reproduction or distribution of 20 <br /> this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible <br /> f under the law.This document was produced by AIA software at 17:03:54 on 0113112018 under Order No.4966021632 which expires on 0411112018,and is not <br /> for resale <br /> User Notes: (38SADA17) <br />