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§ 3.18 Indemnification
<br />§ 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner,
<br />Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses,
<br />and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work,
<br />provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to
<br />injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent
<br />acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for
<br />whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a
<br />party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or
<br />obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18.
<br />§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor,
<br />a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the
<br />indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages,
<br />compensation, or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts,
<br />disability benefit acts, or other employee benefit acts.
<br />ARTICLE 4 ARCHITECT
<br />§ 4.1 General
<br />§ 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in
<br />the Agreement.
<br />§ 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents
<br />shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent
<br />shall not be unreasonably withheld.
<br />§ 4.2 Administration of the Contract
<br />§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be
<br />an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The
<br />Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.
<br />§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with
<br />the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to
<br />determine in general if the Work observed is being performed in a manner indicating that the Work, when fully
<br />completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make
<br />exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will not have
<br />control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or
<br />for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and
<br />responsibilities under the Contract Documents.
<br />§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and
<br />quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the
<br />Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor,
<br />and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's
<br />failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not
<br />have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or
<br />their agents or employees, or any other persons or entities performing portions of the Work.
<br />§ 4.2.4 Communications
<br />The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's
<br />services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct
<br />communications between the Owner and the Contractor otherwise relating to the Project. Communications by and
<br />with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and
<br />suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the
<br />Owner. The Contract Documents may specify other communication protocols.
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