2004 S Purchasing - Corley Redfoot Zack Inc & Orange County for Parks Operation Base & Storage Facility

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9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES See attached CRZ proposal letter dated 8/10/04. /<PAZ 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out -of -town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; :3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock -ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project - related expenditures. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this The American Institute Agreement is exceeded or extended through no fault of the Architect, compensation for any of Architects services rendered during the additional period of time shall be computed in the manner set forth 1735 New York Avenue, N.W. in Subparagraph 11.3.2. Washington, D.C. 20006 -5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. q4. o° 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, O shall be in proportion to services performed within each phase of service, on the basis set forth in 01997 A 1 A AIA DOCUMENT B1514997 Subparagraph 11.2.2. ABBREVIATED OWNER - ARCHITECT AGREEMENT 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this The American Institute Agreement is exceeded or extended through no fault of the Architect, compensation for any of Architects services rendered during the additional period of time shall be computed in the manner set forth 1735 New York Avenue, N.W. in Subparagraph 11.3.2. Washington, D.C. 20006 -5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.