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failures to act occurring prior to Substantial Completion or the date of issuance of the fmal
<br />Certificate for Payment for acts or failures to act occurring after Substantial Completion. In
<br />no event shall such statutes of limitations commence to run any later than the date when the
<br />Architect's services are substantially completed.
<br />1.3.7.4 To the extent damages are covered by property insurance during construction, the
<br />Owner and the Architect waive all rights against each other and against the contractors,
<br />consultants, agents and employees of the other for damages, except such rights as they may
<br />have to the proceeds of such insurance as set forth in the edition of AIA Document A201,
<br />General Conditions of the Contract for Construction, current as of the date of this
<br />Agreement. The Owner or the Architect, as appropriate, shall require of the contractors,
<br />consultants, agents and employees of any of them similar waivers in favor of the other
<br />parties enumerated herein.
<br />1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with
<br />or a cause of action in favor of a third party against either the Owner or Architect.
<br />1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's
<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
<br />the Project site.
<br />1.3.7.7 The Architect shall have the right to include photographic or artistic
<br />representations of the design of the Project among the Architect's promotional and
<br />professional materials. 'The Architect shall be given reasonable access to the completed
<br />Project to make such representations. However, the Architect's materials shall not include
<br />the Owner's confidential or proprietary information if the Owner has previously advised the
<br />Architect in writing of the specific information considered by the Owner to be confidential
<br />or proprietary. The Owner shall provide professional credit for the Architect in the Owner's
<br />promotional materials for the Project.
<br />1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language
<br />of such certificates shall be submitted to the Architect for review at least 14 days prior to
<br />the requested dates of execution. The Architect shall not be required to execute certificates
<br />that would require knowledge, services or responsibilities beyond the scope of this
<br />Agreement.
<br />1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners,
<br />successors, assigns and legal representatives to the other party to this Agreement and to the
<br />partners, successors, assigns and legal representatives of such other party with respect to all
<br />covenants of this Agreement. Neither the Owner nor the Architect shall assign this
<br />Agreement without the written consent of the other, except that the Owner may assign this
<br />Agreement to an institutional lender providing financing for the Project. In such event, the
<br />lender shall assume the Owner's rights and obligations under this Agreement. The Architect
<br />shall execute all consents reasonably required to facilitate such assignment.
<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
<br />under this Agreement. If the Architect elects to suspend services, prior to suspension of
<br />services, the Architect shall give seven days' written notice to the Owner. In the event of a
<br />suspension of services, the Architect shall have no liability to the Owner for delay or
<br />damage caused the Owner because of such suspension of services. Before resuming
<br />services, the Architect shall be paid all sums due prior to suspension and any expenses
<br />incurred in the interruption and resumption of the Architect's services. The Architect's fees
<br />for the remaining services and the time schedules shall be equitably adjusted.
<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 material herein or substantial quotation of its provisions without written
<br />permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.
<br />WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
<br />This document was electronically produced with permission of the AIA and can be reproduced in accordance with your
<br />license without violation until the date of expiration as noted below. User Document 97b141.aia -- 6/18/2002. AIA
<br />License Number 1111656.
<br />This document has Important legal
<br />consequences. Consultation with an
<br />attorney is encouraged with respect
<br />to Its completion or modification.
<br />AUTHENTICATION OF THIS
<br />ELECTRONICALLY DRAFTED AIA
<br />DOCUMENT MAYBE MADE BY
<br />USING AIA DOCUMENT D401.
<br />~~~~ _ ,:~
<br />~aw* ,:
<br />m1997 AIA
<br />AIA DOCUMENT 6141-1997
<br />STANDARD FORM AGREEMENT
<br />The American Institute of Architects
<br />1735 New York Avenue, N.W.
<br />Washington, D.C. 20006-5292
<br />
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