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1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA <br />Document A2ol, General Conditions of the Contract for Construction, current as of the date of <br />this Agreement. <br /> <br />1.3.7.3 Causes of action between the parties to this Agreement <br />act shall be deemed to have accrued and the applicable statutes <br />to run not later than either the date of Substantial Completion for <br />occurring prior to Substantial Completion or the date of issuance of <br />Payment for acts or failures to act occurring after Substantial Corn <br />such statutes of limitations commence to run any later than the date <br />services are substantially completed. ' .... <br /> <br />1.3.7.4 To the extent damages are covered by property <br />Owner and the Architect waive all rights against each <br />consultants, agents and employees of the other for damages, <br />have to the proceeds of such insurance as set forth in the <br />General Conditions of the Contract for Construction, <br />The Owner or the Architect, as appropriate, shall require <br />and employees of any of them similar waivers in favor <br /> <br /> for <br />event shall <br />Architect's <br /> <br />the <br /> <br />This document has important/ega/ <br />consequences. Consultation with an <br />attorney is encouraged with respect to <br /> <br />AUTHENTICATION OF THIS <br />ELECTRONICAlly DRAFTED AIA <br /> <br />DOCUMENT MAY BE MADE BY USING <br />AIA DOCUMENT D401. <br /> <br />1.3.7.5 Nothing contained in this Agreement shall create a <br />cause of action in favor of a third party against either the Owner or <br /> <br />1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architects <br />consultants shall have no responsibility for the discovery, presence, handling, removal or <br />disposal of or exposure of persons to hazardous materials or toxic substances in any form at the <br />Project site. · · · · <br /> <br />1.3.7.7 The Architect shall have the right to ifi~lUdephotograPhi~ ~ artistic 3e~re~ntationS'~f <br />the design of the Project among the Architec[ s pr©in©ti©hal arid Pr~fessi0fi~Imaterials. The <br />Architect shall be given reasonable ,access: ~ the completed Project .:~o, :make such <br />representations. However, the Architect s materials shall not i~clude the Owner's confidential <br />or proprietary information if the Owner has previously advised ~e Archite~t ~ writing of the <br />specific information considered by the Owner to be Owner <br />shall provide professional credit for the Architect in the for the <br />Project. ' ' ; ~ <br />1.3.7.8 If the Owner requests the Architect to execute certificates, the pr°P0s~d language of <br />such certificates shall be submitted:to ~:Architect for review at least ~4 days Pri~} tg the <br />requested dates of execution~ Th~:~chitec~:~all :n6t be required to execute certificates that '"'"' <br />would require knowledge, serVic~s6r reap©natbilifi~s~be);ond the scope of this Agreement. <br /> <br />1.3.7.9 The Owner and:~ itect respectively, bind themselve~;~th~:~nersi"~Sg~cessors, <br />assigns and legal repreS~n{~fiveS 'to the other pa~t0 t~ ~gr~ '~{6 th~?partners, <br />successors, assigns and legal representatives of st~ch'~'~her p~ ~th r~spect (0 all covenants of 1 <br />this Agreement. Neither the Owner nor the Archite~:shall ~issign this Agreement without the <br />written consent of the other, except that ~the Owner may assign this Agreement to an <br />institutional lender providing financing for the Project. In such event, the lender shall assume <br />the Owner's rights and obligations under this Agreement. The Architect shall execute all <br />consents reasonably required [~) facilitate sueh ~sigfihent. <br /> <br />1.3.8 TERMINATION OR SUSPENSION <br />1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this <br />Agreement, such failure shall be considered substantial nonperformance and cause for <br />termination or, at the Architect's option, cause for suspension of performance of services under <br /> <br />© 1997 AIA® <br />AIA DOCUMENT B141 - 1997 <br />STANDARD FORM AGREEMENT <br /> <br />The American Institute of Architecls <br />1735 New York Avenue N.W. <br />Washington, D.C. 20006-5292 <br /> <br />© 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American <br />Institute of Architects. Reproduction of the materia herein or substantial quotation of its provisions <br />without written permission of the AIA violates the copyright laws of the United States and will subject the <br />violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will <br />subject the violator to legal prosecution· This document was electronically produced with permission of the <br />AIA and can be reproduced in accordance with your license without violation until the date of expiration as <br />noted below, expiration as noted below, expiration as noted below. User Document: 976141 ch & ps.aia -- <br />1/23/2002. AIA License Number 1017145, which expires on 9/30/2002. <br /> 8 <br /> <br /> <br />