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Coll tractoris , conSL[ftants, agents and employees of the other for darnages, excel )t SUch rights as they may have to the
<br />proceeds of such insurance asset forth in the edition of AIA Document A20 1. Gencral, Conditions of the Contract
<br />For Construction, current as of the date of this Agreement. Tile Owner, or the Engineer, as, appriopiricate, shall require
<br />of the contractors, consultants, agents Lind employees of any of thiern sirnitar waivers in favor oil" the other parties
<br />enunierated herein.
<br />§ 1.3.T.5 Nbthing contained in this Agreenient, shl-,111 create a clonti-cactual relationship with or a cause ofactilon in
<br />C,
<br />favor of a third party against either the Or or Encrilleer.
<br />M Z:>
<br />§ 1.3.7.6 Unless othei, -wise provided in this .green -rent, the Engii)oer and Engineer's consultants shall have no
<br />ibility for th t.
<br />responsi i e discovery, presence, handling, rernoval or disposal of or expostire, of persons to hazardOLIS
<br />materials or toxic substances in any forin at the Project Site,.
<br />§ 1.17.7 The Engineer shall have the right to include photographic i artistic, of the clesigil of the
<br />Project among the Enprineer's prornotiotial. and pr-ofessional niaterial.s. The Engineer shall be given re,asonable access
<br />to the completed Pr(Ject to make such representations. However, the: Engineers miaterials shall not include the
<br />Owner's confidential or proprietary informs -Rion if tile Owner 11"I's previously advised the Engineer in writiner of the
<br />specific information considered by the Owner, to be confidential or proprietary,, The Owner shall provide
<br />professional credit for the Engineer in the Owners promotional niraterials for the Pro'
<br />Ject.
<br />§ 1.3.7.8 If the Owner requests the Engineer to eXCCL[te certificates, the proposed language of .such certificates shall
<br />be submitted to the Engineer for review at least 1.4 days prior tic) (hic, requested dates of executilon, i Engineer shall
<br />not be required to execute certificates that would require 1(nowledge, services or reSpollsibli'litiesi beyond the scope of
<br />this Agreement.
<br />-elves, their partners,, successors, assigns and legal
<br />1.3.7.9 The Owner and Engineer, respectively, bind thems
<br />representatives t the othe i
<br />party to this Agreenient and to the partners, suciciessors, assigns and legal representatives
<br />o
<br />-nent. Neither Lhe Owner nor the Engineer shal1l assign
<br />11 covenants of this Agreei
<br />of such other party with respect to Ct
<br />this Agreernent without the written consent of the other, except that the Owner may assign this Agreement to, an
<br />shall aissurnie the Owner's rights and
<br />institutional lender providing financing for the Project. ID such event, the lender C�
<br />obligations under this Agreement. The Engineer shall execute aft consents reasonably required to facilitate ,such
<br />assignment.
<br />§ 1.3.7.10 At its own expense, the Engineer shall secure. and maintain Ipro fessional liability insurance with respect
<br />to services to be provided by Engineer relating to the Pro'ect. with minimurn coverage limits of $2,000,0001 per" claim
<br />J
<br />and $2,000,000 aggregate, Prior to commencing any work on the Project, the Engineer shall provide the Owner
<br />with a certificate of insurance showing its insurance. coverage, and the Engineer shall maintain such insurance in full
<br />force and effect at all times until the ProJect has been completed.
<br />§ 1.3.8 TERMINATION OR SUSPENSION
<br />§ 1.3.8.1 If the Owner` fails to make payments to the Engineer in accoridance with this Agreement, such failure shall
<br />be considered substantial nonperformance and cause for term in �ati on or, at the Engineer's option, cause for
<br />suspension of performance of services under this Ag•eenient. If the Engineer elects to suspend services, prior to
<br />suspension of services, the Engineer shall give seven days' written notice to the Olwn�er. In the event of a suspension
<br />of services, the Encyineer shall have no liability to the Owner for delay, or darnage caused the Owner because of such
<br />suspension of services. Before, resurning services, the Engineer shall be paid all siums due prior to suspension and
<br />any expenses incurred in the interruption and restimption of the Engineer's services. The Engineer's fees for the
<br />remaining services, and the time schedules shall be equitably adjusted.
<br />§ 1.3.8.2 If the Project is suspended by the Owner for more than 310 clonselcutive days,, the Engineer shall be
<br />compensated for services performed prior to notice of such suspiension. When the Project its resumed, the Engineer
<br />shall be compensated for expenses incurred in the interruption and riesurilption of the Engineer's services. , 'The
<br />Engineer's fees for the remaining services and the time schedules shall be equitably adjusted.
<br />§ 1.3-8.3 If the Project is suspended or the Engineer's services are suspended for more. than 90 consecutive days, the
<br />Engineer may terminate, this Agreement by giving not less than seven days' written notice.
<br />Init. AIA Document B141 TM --199 7Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963,1966, 1967, 1970, 19174, 197'7, 191,87 1 and 1997 by The
<br />American Institule of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S., Copyright Law, and International Treaties- 7
<br />Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal pieniallies,, and will be
<br />prosecuted to the maximum extent possible under the law. This document wia,s produc�ed by i sioftware, at 13:29.23 an 02/08,1201108 u�ndeir Order
<br />_J I
<br />NoJ000291788_1 which expii'es on 35/1312-000", ald is not for resale. (21078941309)
<br />User Notes:
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