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EXHIBIT A <br /> OTHER TERMS AND CONDITIONS <br /> Delete Article 7 and replace with the following paragraphs: <br /> ARTICLE 7 COPYRIGHTS AND LICENSES <br /> 7.1 The Architect and its consultant's Instruments of Service,including drawings,specifications,reports, <br /> records,plans,electronic files or other documents that are produced or developed for the City as part of the Scope of <br /> Work of this Agreement are public documents and shall be deemed to be owned by the City and shall remain <br /> property of the City whether the Project is completed or not.The Architect shall have no liability for changes made <br /> to the drawings,specifications,and other documents by others subsequent to the completion of the contract.City <br /> shall require that any such change be sealed,dated,and signed by the architect or engineer making that change and <br /> shall be appropriately marked to reflect what was changed or modified. <br /> 7.2 The Owner recognizes that the Architect's Instruments of Service contain information created by the <br /> Architect and its consultants prior to development of documents specific to this agreement and that the City's <br /> ownership of these documents shall not prevent the Architect and its consultants from continued use of this <br /> information to develop documents for other clients and projects. <br /> 12.1 EQUAL EMPLOYMENT OPPORTUNITY. <br /> Add the following paragraph to Article 12.1: <br /> 12.1.1 The Architect agrees to abide by and comply with the City's Equal Employment Opportunity Clause, <br /> effective February 9, 1981. <br /> 12.2 LATE PAYMENT <br /> 12.2.1 The parties agree that the Local Government Prompt Payment Act does not apply to this Agreement and no <br /> penalty for late payment shall apply or be sought against the City. <br /> 12.3 INDEMNIFICATION. <br /> 12.3.1 Notwithstanding any clause or provision in this Agreement or any other applicable Agreement to the <br /> contrary,the Architect's only obligation with regard to indemnification shall be to indemnify,but not defend,the <br /> Client,its officers,directors,employees and agents from and against damages arising out of third-party claims that <br /> Client is legally obligated to pay as a result of the death or bodily injury to any person or the destruction or damage <br /> to any property,to the extent caused by the negligent act,error or omission of the Architect or anyone for whom the <br /> Architect is legally responsible,subject to the limitations of liability contained in 12.4. <br /> 12.4 LIMITATION OF LIABILITY <br /> 12.4.1 The Owner agrees to limit the liability of the Architect and its consultants for all claims so that the total <br /> aggregate liability shall not exceed the limits of the insurance coverage requirements in paragraph 2.2. <br /> 1 <br />