|
.3 Electrical Engineer:
<br /> N/A
<br /> § 1.1.11.2 Consultants retained under Supplemental Services:
<br /> Schoppe Design Associate,Inc.-Landscape Architect;R.W.Lamb&Associates-Surveying
<br /> § 1.1.12 Other Initial Information on which the Agreement is based:
<br /> Architect has previously completed,and received Owner approval of,the Schematic Design phase work product
<br /> which shall fulfill the requirements of the Schematic Design Phase of this agreement.Scope of services described in
<br /> this agreement are further modified pursuant to Attachment B(Scope of Services)
<br /> § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial
<br /> Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the
<br /> Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner shall adjust
<br /> the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as
<br /> necessary,to accommodate material changes in the Initial Information.
<br /> § 1.3 The parties agree the transmission and use of Architect's Instruments of Service or any of Architect's other
<br /> information or documentation in digital form(collectively,"digital data"),is governed by the following terms set forth
<br /> in this Section 1.3.
<br /> § 1.3.1 Any digital data provided by Architect is furnished for convenience only,and is furnished"as is",and
<br /> Architect disclaims any express or implied warranties,including,without limitation,Architect does not warrant that
<br /> the digital data will:be complete,accurate,current,or the final versions;meet Owner's specific needs or
<br /> requirements;be error-fine,readable in any particular medium or on any particular system,able to be manipulated or
<br /> used with any particular software,or free from viruses or other malicious code.
<br /> § 1.3.2 Owner is obligated to verify the accuracy of any digital data.
<br /> § 1.3.3 Architect shall have no liability to Owner or any third party for monetary damages of any kind,arising out of
<br /> any digital data.
<br /> § 1.3.4 Owner's sole and exclusive remedy against Architect,for any claim whatsoever,relating to digital data,shall
<br /> be to cease using the digital data.
<br /> § 1.3.5 Owner shall indemnify and defend Architect from all claims and liabilities,including reasonable attorney's
<br /> fees,incurred in connection with the use or transmission of digital data by Owner,or any third party,if such third party
<br /> received the digital data directly or indirectly from Owner(including if Architect or others have transmitted such
<br /> digital data to the third party at Owner's request or direction,for Owner's benefit,or,and without limiting the
<br /> foregoing,pursuant to a contractual obligation that is directly or indirectly derived(or flowed down)from a contract to
<br /> which Owner has privity).
<br /> ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
<br /> § 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it
<br /> is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,
<br /> or shall cause such services to be performed by appropriately licensed design professionals.
<br /> § 2.2 Notwithstanding anything to the contrary,the Architect shall not be required to perform its services at a higher
<br /> standard of care than in a manner consistent with the professional skill and care ordinarily provided by architects
<br /> Init. AM Document 8101——2017.Copyright O 1974,1976,1967,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The'American
<br /> Institute of Architects," AIA;the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was 5
<br /> produced by AIA software at 14:36:09 ET on 04/14/2021 under Order No.20355346a7 which expires on 0411012022,is not for resale,is licensed for one-lime use
<br /> 1 only,and may only be used in accordance with the AIA Contract Documentae Terms of Service.To report copyright violations,e-mail copyright®aia org.
<br /> User Notes. (1749244472)
<br />
|