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(h) Code Compliance
<br /> The Architect shall conform the Drawings and Specifications with the professional standard of care relative
<br /> to applicable federal, state and local laws, statutes,ordinances,rules,regulations,orders or other legal requirements,
<br /> including but not limited to all zoning, building, occupancy, environmental and land use laws, requirements,
<br /> regulations and ordinances relating to the construction,use and occupancy of the Project(collectively"Governmental
<br /> Requirements") existing on the date of this Agreement. However, the Owner recognizes that interpretations by
<br /> government officials("Code Authority")are often subject to change even after issuance of a building permit. If after
<br /> award of a building permit,modifications to the Drawings and Specifications are required because of an interpretation
<br /> by the Code Authority which had not been previously given,or which if given,was different than a prior interpretation
<br /> by the Code Authority, Architect shall make the required modifications, but the cost of such modifications shall be
<br /> considered an Additional Service. Nothing contained herein shall relieve the Architect of its obligations to modify at
<br /> its own expense Plans and Specifications which the Architect has negligently failed to prepare in compliance with the
<br /> applicable Government Requirements.
<br /> (i) Electronic Documents
<br /> The Owner recognizes that data,plans,specifications,reports,documents or other information recorded on or
<br /> transmitted as electronic media are subject to undetectable alteration,either intentional or unintentional due to,among
<br /> other causes,transmission,conversion,media degradation,software error,or human alteration. Accordingly,the
<br /> electronic documents provided to the Owner are for informational purposes only and are not intended as an
<br /> end-product. The Architect makes no warranties,either expressed or implied,regarding the fitness or suitability of the
<br /> electronic documents.Accordingly,the Owner agrees to waive any and all claims against the Architect and the
<br /> Architect's consultants relating in any way to the unauthorized use,reuse or alteration of the electronic documents.
<br /> (j) Hazardous Materials
<br /> Unless otherwise disclosed and arranged for disposal,Owner represents to Architect that,to the best of Owner's
<br /> knowledge and belief,no hazardous or toxic substances within the meaning of any applicable statute or regulation are
<br /> presently stored,or otherwise located on the Project site or adjacent thereto. Further,within the definition of such
<br /> statutes or regulations,no part of the Project site including the ground water located thereon,is presently contaminated
<br /> with such substances.
<br /> (k) Communication
<br /> The Architect may communicate through any reasonable means,and conduct meetings using any reasonable means,
<br /> including electronically or telephonically.The Owner shall cooperate with the Architect to ensure that any and all
<br /> persons or data designated as necessary or appropriate to the performance of Services are available to the Architect at
<br /> such times as reasonably requested by the Architect. The Owner specifically understands that the Architect may be
<br /> required to perform the Services at times outside of normal business hours,and on weekends,and that the Owner,its
<br /> officers,employees,agents or representatives or others reasonably able to be controlled by the Owner may need to be
<br /> available to the Architect at such times.
<br /> (1) Owner Designation of Design
<br /> If the Owner requires that any assembly, system,product,or design be included in the Project notwithstanding the
<br /> express contrary recommendation of the Architect in writing,or if the Owner selects a contractor,subcontractor or
<br /> material fabricator notwithstanding the express contrary recommendation of the Architect in writing,the Architect
<br /> shall have no responsibility for such decision by the Owner or performance of such Owner-required or selected
<br /> persons,entities,items,or designs,nor shall the Architect be required to issue any opinion or certificate with respect to
<br /> such items or designs or the work of such persons or entities. The Owner shall indemnify and hold the Architect and
<br /> the Architect's consultants harmless against any and all costs,losses,claims,demands,or expenses(including legal
<br /> fees)arising out of such decision by the Owner.
<br /> AIA Document 8106——2010(rev.1012010).Copyright®2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document
<br /> Init. is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it, 16
<br /> may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by
<br /> AIA software at 13:35:01 on 03/12/2013 under Order No.3252469288_1 which expires on 12/3112013,and is not for resale.
<br /> User Notes: (724650291)
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