|
03/2071/03 THU 13:25 FAX 612 545 0213 AN NY REL'L ARCITECTS phi Z001
<br />9.2 Terris in this Agreement ,shall have the sanie meaning
<br />as those in the edition of AIA Document A.=ICMa, General
<br />Conditions of the Contract for Construction, Cu =ruction
<br />Manager-Adviser Edition, current as of the date of this
<br />Agreement.
<br />9.3 Gatises -of lKiien ftft 11te -(.a
<br />�
<br />P4 tj r s � _aet ofth
<br />- -- • • _0t -ate -Ja� tea} .
<br />wiry-+ .r-k - %�- A.FIA1
<br />L 1. -or Y--Y� -b& -*ct •
<br />0141 'JAI 12 1-�4qllpl
<br />9.4 The O wli er and Architect waive all rights against each
<br />other acid agains#. the Construction Manager, Contractors, and
<br />the consultants, agents and employees of any of them for
<br />darnages, but only to the extent covered by property insurance
<br />during construction, except such rights as they may have to the
<br />proceeds of such insurance as set ford, in the edition of AlA
<br />Document A2.oil a, 4meral Conditions of the Contract for
<br />Construction, C:Onstruclion Manager- Adviser Lclition, current
<br />as of the date of this Agreement. The Owner and Architect each
<br />shall require similar waivers from their Constructloii ]tanager,
<br />Contractors, coiwltants, agents, and persons or entities
<br />warded separa [e contracts adro inistered under the Owner's
<br />own forces.
<br />9.S The Owner and Architect, respert ively, hind
<br />thernselVes, their- partners, successors, assigns and legal
<br />representatives to the other party to this Agreement and to the
<br />partners, successors, assigns and legal representatives of such
<br />other party with r pest to all covenants of this Agreement.
<br />Neither Owner nor Architect shall assign this Agreement
<br />without the written consent of the ot.her-
<br />M This Agreement represents the entire and integrated
<br />agreemerit betwecn the Owner and Architect and supersedes all
<br />prior negotiations, representations or agreements, either
<br />written or oral. This Agreernen t may be amended only by
<br />written instrument signed by bath Owner and Architect.
<br />9.7 Nothing contained in the Agreement shall create a
<br />contractual relationship with or a cause of action its favor of a
<br />I bird party against eith er the Owner or Architect.
<br />9.8 Unless otherwise provided in this Agreement, the
<br />Architect and Architect's consultants shall have no
<br />responsibihty for the discovery, presence, handling, removal or
<br />disposal of or cxposum of persons to hazardous materials in any
<br />form at the Project site, including but not limited to asbestos,
<br />asbestos products, polychlorinated biphenyl ( PCB) or ogler
<br />topic si list antes.
<br />9.9 The Architect shall have the right to include
<br />representations of the design of the Project, including
<br />photographs of the exterior and illLerior. among the Architect's
<br />promotimial and professional material, The Architect's
<br />materla6 shall not include the Owner's confider [tai or
<br />proprietary information if the Owner has previously advised
<br />the Architect in writing of the specific information comidered
<br />by the Owner to be confidwial or proprietary. The Owner
<br />shall provide professional credit for Lhe Architect an the
<br />construction sign and in the promotional maI~erials for the
<br />Project.
<br />ARTICLE 10
<br />PAYMENTS TO THE ARCHITECT
<br />10.1 DIRECT PERSONNEL EXPENSE
<br />10.1,1 Direct Personnel Expense is defuzed as the direct
<br />salaries of the Architect's personnel engaged on the project and
<br />the portion of the cost of their roan story and custom
<br />contributions and benefits related thereto, such as employment
<br />taxes and other statutory employee benefits, `its, iusumnce, sick
<br />leave, holidays, vacations, pensions acid similar cont6butions
<br />and benefits.
<br />10.2 REIMBURSABLE EXPENSES
<br />10.2,1 Reimbursable ,expenses are in addition to
<br />compensation Car Basic and Additional Services and hiclude
<br />expenses incurred by the Architect and Architect's employees
<br />and consultants W the interest of the project} as identified in
<br />the following Clauses,
<br />10.2.1.1 Expense of trawportation hi connection with the
<br />Project; expenses in connection with authorized cut -ol towrx
<br />travel} long- distance communications-, and fees paid for
<br />securing approval of authorities having jurisdiction over the
<br />Project.
<br />10.2.1.2 Expense of reproductions. postage, express deliveries,
<br />clectronic fac.siniile transmissions and handling of Drawhigs,
<br />Specifications and other docutiaents.
<br />10.2.1.E If authorized in advance by the Owner, expense of
<br />overtime work requiring higher than regular rates
<br />10.2.1.4 Expense of renderings., models and mock-ups
<br />requested by the Owner-
<br />10.2.1.5 Expense of additional Durance coverage or limits,
<br />including professional liability insurance, requested by the
<br />Owner in excess of that noxrnally carded by khe Architect and
<br />Architect's consultants.
<br />10.3.1.6 £xxfe*Rse -e€ - ewer -sib - d ai�s: anti I r - We
<br />equipmeni �iAMAAUP 'IPA F1 W, 61 V,
<br />10.3 PAYMENTS ON ACCOUNT O� BASIC
<br />SERVICES
<br />10.31 An initial payment as set forth hi I angraph im is the
<br />minimum payment under this Agreement.
<br />10. 3.2 Subsequent p ayrnents for Basic Services shall be nl,ade
<br />moiathly and, where applicable, shall be in proportion to
<br />P
<br />AIA DOCUMENT 13 4 a - - ARMITECT AG ENT - QQN5TRUC I TION MANAGER-ADVISER - 1992 EDITION - AIAQD - V -
<br />THE AMERICAN IN571TUTE OF ARCHITECTS, 1735 NEW YORK AVENtl: N.W., WASHINGTON, D.C. 20006-5292. WARNMG: Unlicensed photowpying
<br />violates U.S. copyright laws and w'111 subject the Vi olaior to legal pry isecu rio ni This document was electronically produced with perm i s lion of the
<br />AIA and caii be reproduced in accordame with your Jki�nse without 061aticn until The dare of expiration as noted below. User Document: 4002(1) -
<br />44$141).aia -- 112812003. AIA License Number 1001863, which expires an 2l2/2003.
<br />Electronlc Format 8141 /CMa -1992
<br />9
<br />
|