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9.8 The Contractor shall review, approve and submit to the ARTICLE 10 c
<br /> Architect Shop Drawings, Product Data, Samples and similar ADMINISTRATION OF THE CONTRACT
<br /> submittals required by the Contract Documents with reason-
<br /> able promptness. The Work shall be in accordance with
<br /> approved submittals. When professional certification of per- 10.1 The Architect will provide administration of the Contract
<br /> formance criteria of materials,systems or equipment is required and will be the Owner's representative(1)during construction,
<br /> by the Contract Documents, the Architect shall be entitled to (2)until final payment is due and(3)with the Owner's concur-
<br /> rely upon the accuracy and completeness of such certifications. rence,from time to time during the correction period described
<br /> in paragraph 18.1
<br /> 9.9 The Contractor shall keep the premises and surrounding in P The Architect will visit the site at intervals appropriate to
<br /> area free from accumulation of waste materials or rubbish the stage of construction to become generally familiar with the
<br /> caused by operations under the Conger.At completion the progress and quality of the completed Work and to determine
<br /> Work the Contractor shall remove from and about the Project ject in general if the Work is being performed in a manner indicat-
<br /> waste materials, rubbish, the Contractor's tools, construction ing that the Work,when completed,will be in accordance with
<br /> equipment, machinery and surplus materials. the Contract Documents. However, the Architect will not be
<br /> 9.10 The Contractor shall provide the Owner and Architect required to make exhaustive or continuous on-site inspections
<br /> access to the Work in preparation and progress wherever to check quality or quantity of the Work. On the basis of on-
<br /> located. site observations as an architect, the Architect will keep the
<br /> Owner informed of progress of the Work and will endeavor to
<br /> 9.11 The Contractor shall pay all royalties and license fees; guard the Owner against defects and deficiencies in the Work.
<br /> shall defend suits or claims for infringement of patent rights and 10.3 The Architect will not have control over or charge of and
<br /> shall hold the Owner harmless from loss on account thereof, will not be responsible for construction means,methods,tech-
<br /> but shall not be responsible for such defense or loss when a
<br /> particular design, process or product of a particular manufac- rogram sequences or procedures,or for safety precautions and
<br /> p
<br /> turer or manufacturers is required by the Contract Documents programs in connection with the Work, since these are solely
<br /> unless the Contractor has reason to believe that there is an the Contractor's responsibility as provided in Paragraphs 9.1
<br /> infringement of patent. and 16.1.The Architect will not be responsible for the Contrac-
<br /> tor's failure to carry out the Work in accordance with the Con-
<br /> 9.12 To the fullest extent permitted by law, the Contractor tract Documents.
<br /> shall indemnify and hold harmless the Owner,Architect,Archi- 10.4 Based on the Architect's observations and evaluations of
<br /> tect's consultants, and agents and employees of any of them the Contractor's Applications for Payment, the Architect will
<br /> from and against claims,damages,losses and expenses,includ- review and certify the amounts due the Contractor and will
<br /> ing but not limited to attorneys'fees,arising out of or resulting issue Certificates for Payment in such amounts.
<br /> from performance of the Work,provided that such claim,dam-
<br /> age, loss or expense is attributable to bodily injury, sickness, 10.5 The Architect will interpret and decide matters concern-
<br /> disease or death,or to injury to or destruction of tangible prop- ing performance under and requirements of the Contract Docu-
<br /> erty(other than the Work itself)including loss of use resulting ments on written request of either the Owner or Contractor.
<br /> therefrom,but only to the extent caused in whole or in part by The Architect will make initial decisions on all claims,disputes
<br /> negligent acts or omissions of the Contractor,a Subcontractor, or other matters in question between the Owner and Contrac-
<br /> anyone directly or indirectly employed by them or anyone for tor, but will not be liable for results of any interpretations or
<br /> whose acts they may be liable, regardless of whether or not decisions rendered in good faith. The Architect's decisions in
<br /> such claim,damage,loss or expense is caused in part by a party matters relating to aesthetic effect will be final if consistent with
<br /> indemnified hereunder.Such obligation shall not be construed the intent expressed in the Contract Documents.All other deci-
<br /> to negate, abridge, or reduce other rights or obligations of sions of the Architect, except those which have been waived
<br /> idemnity which would otherwise exist as to a party or person by making or acceptance of final payment, shall be subject to
<br /> described in this Paragraph 9.12. arbitration upon the written demand of either parry.
<br /> 9.12.1 In claims against any person or entity indemnified 10.6 The Architect will have authority to reject Work which
<br /> under this Paragraph 9.12 by an employee of the Contractor,a does not conform to the Contract Documents.
<br /> Subcontractor,anyone directly or indirectly employed by them 10.7 The Architect will review and approve or take other
<br /> or anyone for whose acts they may be liable, the indemnifica- appropriate action upon the Contractor's submittals such as
<br /> tion obligation under this Paragraph 9.12 shall not be limited by Shop Drawings, Product Data and Samples, but only for the
<br /> a limitation on amount or type of damages, compensation or limited purpose of checking for conformance with information
<br /> benefits payable by or for the Contractor or a Subcontractor given and the design concept expressed in the Contract
<br /> under workers' or workmen's compensation acts, disability Documents.
<br /> benefit acts or other employee benefit acts.
<br /> 10.8 All claims or disputes between the Contractor and the
<br /> 9.12.2 The obligations of the Contractor under this Paragraph Owner arising out or relating to the Contract, or the breach
<br /> 9.12 shall not extend to the liability of the Architect,the Archi- thereof,shall be decided by arbitration in accordance with the
<br /> tect's consultants, and agents and employees of any of them Construction Industry Arbitration Rules of the American Arbi-
<br /> arising out of(1)the preparation or approval of maps,drawings, tration Association currently in effect unless the parties mutu-
<br /> opinions, reports, surveys, Change Orders, Construction ally agree otherwise and subject to an initial presentation of the
<br /> Change Directives,designs or specifications,or(2)the giving of claim or dispute to the Architect as required under Paragraph
<br /> or the failure to give directions or instructions by the Architect, 10.5.Notice of the demand for arbitration shall be filed in writ-
<br /> the Architect's consultants,and agents and employees of any of ing with the other party to this Agreement and with the Ameri-
<br /> them provided such giving or failure to give is the primary can Arbitration Association and shall be made within a reason-
<br /> cause of the injury or damage. able time after the dispute has arisen. The award rendered by
<br /> AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA® •©1987
<br /> 7 A107-1957 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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