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<br />§ $.7 Termination Expenses ate in addition to a:xrpcnsation iu,- tl3e ser~~ia::; ul'Ihr f:~~rrcmcul ;in~i inianilc ~~~penses
<br />directly attributable to termination for which ehe Architect is not uthrrwisc conipunsalecl, plus an amount for lh~.•
<br />Architect's anticipated profit on the value of the services ix~t perForrrcd by the. Architect.
<br />ARTICLE 9 NAISCE! 1.ANEOUS PROVISIONS
<br />§ 9.'i 'phis Agreement shad be governed by the law ol• the principal place ol• business of the Arcl~iiccf, unless od~crwisc
<br />provided in Articie 12.
<br />§ 9.2 Terms in this Agreement shall have ttte same meaning as those in the edition of AlA Dcx:umenf A2O I ,General
<br />Conditions of the Contract for Construction, current as of the date of this A~reeuicnt.
<br />§ 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall he deemed to have
<br />accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial
<br />Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the boat
<br />Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes
<br />of limitations-commence to run any later than the date when the Architect's services ate substantially completed.
<br />§ 9.41'o the extent-dattiageS are covered by property insurmce during construction, the Owner and Architect waive alt
<br />rights against each other and against the contractors, consultants, agents and employees of the other for damages, except
<br />- - such rights as they,may have to the proceeds of such insurance as set forth in the edition of AIA Document A201,
<br />General.Condt,ticfns of the. Cimtract for Construction, current as of the date of this Agreement. The Owner or the
<br />- Architect, as appoprttiteq 5~a11 require of the contractors, consultants, agents and employees of any of them similar
<br />_ _ waivers in f~vdr of thh ~otiiei partjes enumerated herein.
<br />§ 9.5 The Owner end YArciutetk, respectively, bind,themselveS, their partners, successors, assigns and legal -
<br />.~ 'representatives to'the other; party to this Agreeme~tt.and to the partners, successors, assigns and legal representatives of
<br />' :such-other party-witlr respect to all covenant. of this Agreement. Neither the Owner nor the Architect shall assign this
<br />;Agreement ~rithQ.uC the ziirttten cinsent~oi`t2ie outer, except that the Owner may assign this Agreement= to an institutional
<br />lender p>•ovldmg.,financing fo _[lie PCOjeck h1 such event, the lender shall assume the Owners rights and obligations
<br />-- _ `under this Agreetner~k Tkie Architect shall execute all consents reasonably required to facilitate such assignment.
<br />:~.;~ 6 TliiS.Agreerient represents the entire and integrated agreement between thts.Owner and the Architect and
<br />-. ,;supersedes all pripF ne~ofrations, representations or agreements, either written, or oral. This Agreement may be amended
<br />only-by written ~itistrurt~ept~:signed by both Owner and Architect.
<br />§ 9,7 )Tot-lfirtgxontatned. in this Agreement shall create a contractual relationship with or a cause of action in favor of a
<br />- ~thircl party agatnsk~etther the;owner or Architect.
<br />§ 9:9 ~.)n~ess otherwise provided ittt this Agreement, the Architect and Architect's consultants shall have no responsibility
<br />.;foF the dtscttye ;,presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic
<br />sub.'stances=3ri° ~ forttiat the Project site.
<br />§ ~:9'Tlte Architect shall have the right to include photographic. or artistic representations of the design of the Project
<br />°' •'~` amo~jg;the Architect's promotional and professional materials. The Architect shall be given reasonable access to the
<br />- ~ >~ompleted Project to make such representations. However,_the Architect's material shall not include the Owner's
<br />confidential or proprietary information if the Owner has ~~vfusly advised.the Architect in writing of the specific
<br />information considered by the Owner. to be conftde,~iYii%l:~r proprietary. The Owner shall provide professiona}~oftc~t for
<br />,j ,:s` -t-lie' ~-rchitect in the Owner's promotional ma;a"'l,s for the Project. ~,~
<br />~ 9.10 Tf the Owner requests the Arc13xt to execute cerUificates, the proposed language of such ct~cates shall.be
<br />-a , ~ullirtttted t~ the ~rchitect f ~,~ 'r-- least 14 days prior to the requested dates of exet~attlj,~tn ,, Architect shall-not
<br />'t` : ~lie,reCf('gtfetl~to e~cxrute ce~~ieS` that would require knowledge, services or respontnifii~s~eyond the scope of this
<br />~'r m F" .. P~
<br />.2 G. ~4 ,fir' _ 3 - M1,_~.ffi• ~~
<br />AIA Document B151 TM -1997. Copyright ®1974, 1978; 1987;.and 1997 by The Amerkan Institute of Arctitects. All rights reserved. WARNlIVCi: This
<br />AIAeDocument is protected by U.S. CopyHgM Law and lntemational Treaties. Unauthorized reproductbn or distrlbunon of this AIAeDacuinent, ' 1
<br />or any portion of h, may result In severe dvN end tximirealpettaKies, and will bB prosecuted to thematdmum extent posstbfe under the law.
<br />Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright vio{ations of AIA Contract Documents, a=melt
<br />The American Institute of Architects' legal counsel, copyrighK~aia.org.
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