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<br /> 9.9 The Contactor shall review, approve and submit to the ARTICLE 10
<br /> Architect Shop Drawing, Product Data, Samples and similar A 7 CONTRACT
<br /> submittals required by the Contract Documents with re2ann-
<br /> able promptness. The Work shall be in accordance with 10.1 will provide administration of the Contract
<br /> approved submittals. when professional equipment is of
<br /> tequl and will be the Owner's representative(t)during construction,
<br /> formance criteria of materiels,systems or equip
<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 10.2 visit the site at intervals appropriate to
<br /> cau ,caused operations ens under of waste materials L comp of rubbish of t .the star of construction to become generally familiar with the •
<br /> Work by Contractor under the Contract.
<br /> efro t.ntcomule completion Project p acrd of the completed Work and to determine
<br /> Work ma C materials, ruby she!!remove from and about the act o n in if the Watt is being performed in a manner indirac
<br /> waste matelots.machinery the Canrrmat r i tools, construction ing that the Worst,when completed,will be in accordance with
<br /> -,machuner)+and the Corstraa 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 ore
<br /> located site obarvations as an architect. the Architect will keep the
<br /> Owner informed of program of the Work and will endeavor to
<br /> 9.11 The Contractor shill 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 parent rights and 10.3 The Architect will not have control over or charge of and
<br /> but hold the Owner harmless lefo such toss on account when'thereof. will not be responsible for construction miens,methods,tech-
<br /> particular but shall not debe sign,responsible procor for duc t of defense or kris when a piques. or Pte,or for satiety precautions and
<br /> wretcoru manufacturers process or product het rc:un its p condom with the Work,since these are sokdy
<br /> tuner or manufactures is required by the Contract Documents sine Contaacax's responsibility as provided in Paragraphs 9.1
<br /> unlace the Contractor has reason to believe that there is an and 16.1.The Architect will not be responsible for the Coturac-
<br /> infritngarrant of patent torts failure to carry out the Work in accordance with the Con-
<br /> 9.12 To the fullest extent permitted by law, the Coiurachor tact Doewmente. -
<br /> shall indemnify and hold harmless the Owner,Architect,Mehl- 10.4 Based on the Architect's observations and evaluations of
<br /> tect'a consultants,and agents and employees of any of than the Coot's APPS for payment, the Architect will
<br /> from and against claims,dui,losses and expenses,uhchrd- review and twiny 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 10.6 The Architect wiB Interpret and decide matters concern-
<br /> disease •
<br /> o d expense h,or to i sa id to u bodily n injury,ale prop- under and requirements of the Contract Docu-
<br /> or death,or ro injury to or destuaiorh of prop- �g performance
<br /> • erty(other than the Work itself)Winding loss of use resulting mends on written femme of either the Owner or Contractor.
<br /> • therefrom,but only to the extent caused in whole or in port by The Architect will snake iniml dedsions on all claims,disputes
<br /> negligent acts or omissions of the Contractor,a Sube011t actor, • or other manes in mention between the Owner and Contao-
<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 Bank, regardless of whether or not decisions murdered in good faith.The Architect's decisions in
<br /> such chain,damage,toss or=poise is caused in part by a party matters relating to aesthetic effect will be final if consistent with
<br /> indemnified hereunder.Such obligation shag not be construed the intent expressed in the Contract Documents.All other deci-
<br /> to negate, abcidgt:, or reduce other rights or obligations of sions of the Archdtect,except those which have been waived
<br /> idemnity which would otherwise ads as to a party or person by making or acceptance of final payment.shall be subject to
<br /> described in this Paragraph 9.12. • arbkradon upon the written depnand of either party. •
<br /> 9.13.1 in claims against any peach a entity indemnified 10,3 The Arhhitact 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 indirect'emPlaYed by duo 10.7 The Architect will review and approve or take other
<br /> or anyone far whose cal they may b4 drab*,the indenlnificiE appropriate action upon the Contractor's submittals such as
<br /> Lion obligation under this Paragraph 912 shad not be limited by shop Dom, Product Data and Samples.but only for the
<br /> a limitation on amount or type of datitalless.absaPensuion or limited purpose of dn.=ek tg for conformance with information
<br /> benefits payable by or for die Conaactoe or a Subcontactor given and the design concept eapresred in the Contract
<br /> under workers' or worlmsan's cthaape> on ado, disability Doanm,
<br /> benefit acts or other employee benefit acts. 10.3 AB chins or disputes between the Contactor and the
<br /> 9.12.2 The obligations of the Connector wader this Paragraph Owner arising out or relating to the Contact. or the brach
<br /> 9.12 shalt 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 agerus and employees of any of them Communion industry Arbitration Arbiumion Hubs of the American Arbi-
<br /> 1 arising out of(1)the preparation or approval of maps,drawings, nation ion Associaden currently in effect unless the parties unite'
<br /> opinions, reports. surveys, Change Orders, Construction ally awee 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 conuultmta,and agent and employees of any of ing with the odes parry to this Agreement and with the Anseri-
<br /> tham provided such giving or failure to give is the primary can Arbitration Association and shall be made within a=son-
<br /> cause of the Utility or damage. able time after the dispute has arisen.The award tendered by
<br /> ArA►DOCUEVIIITAIII7•ABBREVIATED O KAMM•NINTHtiD[rfoN•A1A• •01987
<br /> 7 A107-1997 THE ARMCO CAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE.N .'WASHINGTON, D.C. 20006
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