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9.3 The Contractor shall review, approve and submit to the _ E 10
<br /> . to Architect Shop Drawings, Product Data. Samples and similar' Tl�f OF TIC CT
<br /> submittals required by the Contract Documents with reason-
<br /> . able ptomptriess. The Work shall be in accordance with 10.1 The Architect will provide ration of the Contract
<br /> approved nit rd of when professional r equipment is of Pa- and will be the Owner's to presentative(1)during construction.
<br /> ' formance criteria of materials,systems or egtlipunant• required
<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. =ices 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.a The Architect will visit the site at intervals appropriate to
<br /> area des from ions under C waste nit cone or rubbish of the siege of construction to become generally femmitiar with the
<br /> posed by operations under the Contract.At about the of the P and Y of the completed Work and to determine
<br /> waste to the Cons, ruby shall remove eon ratan and about ins Project in general if die Work is being perfort ed in a manner indiru-
<br /> equip mn,machinery and the Contrm ter tools, construction ing that the Work,when completed,will be in accordance with
<br /> M taacfhuaery aced the Contract Documents. However, the Architect will not be
<br /> • 9.10 The Contractor shall provide the Owner and Architect required to make exhausdve'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 /> ' lowed. site °beervadons 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 Airtime will not have control over or charge of and
<br /> shall hold tht:Owner harmless flan loss on or loss when a will not be responsible for construction means.methods.reds-
<br /> put particular not be responsible p oeso for such defense or loss whet!a .� or procedures.or for safety precautions and caress or product of a particular manubc-
<br /> c m Orman manufacturers is required by the Contract Documents • Mira=in Connection"hh•the'WOrk Ainee-rhoe'are selei fir. .
<br /> unless the Contractor has reason to believe that there is an • the Contractot's responsibility as provided in Paragraphs 9.1
<br /> infringement of parent. and 16.i.The Architect will not be responsible for the Connac-
<br /> toes failure to carry out the Work in accordance with the Con-
<br /> .
<br /> 9.12.To the fullest extent permitted by lawn, the Contractor cirri Docume its* • ' .
<br /> •shall indemnify and hold harmless the Owner.Architect.And* 10.4 !lased on the Atrhieetx's ohte'vatitts and evaluations of
<br /> sect's consultants, and agents and employees of any of them the Cotursctac's Appikothoos for payment, the Architect Will
<br /> (torn and Osinst claims, :losses and=Prose s;incld- review and certify the motion due the Connector and will
<br /> ing but not limited to attorneys'fees,arising out of ar resulting issue gazes for Payment'in Such amounts.
<br /> . from performance of the Work,provided that such claim.cam- _concern-
<br /> disease age,loss or expense is attributable to bodily injury, , 10.8 The under Contract rn-
<br /> or death,or to injury to or destruction of tangible prop- ing perfiermance
<br /> • arty(other titan the Work itself)including loss of use resulting menu 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 man in question between the Owner and Contrsc-
<br /> anyone directly or indirectly emploYed by them or anyone for tor, but will not be liable for result of any interptentions or
<br /> whose acts they may be liable, regardless of whether,or not decisions tendered in good bide.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 gaggles be construed • . the intent expressed in the Contract Documents.All other dad•
<br /> to negate, abridge, at reduce other rights or obligations of scans oldie Architect, except those which have been waived
<br /> idannity which would otherwise exist as to'a pally or person by making or acceptance of final payment.shall be subject to
<br /> described in this Paragraph 9.12. arbitration upon the written=and of either party.
<br /> 9.12.1 In claims against any person or esulty indemnified 10.3 The Architect will have a ority to reject Work which
<br /> under this Paragraph 9.12 by an employee of theconttactot,a . does not conform to the Contract Documents.
<br /> Subcontractor.anyone directly or dy employed h9 diem 10.7 The Architect will review and approve or take other
<br /> • or anyone for whose acts they may be gable.the appcoprtate action upon the Contractor's submittals such as
<br /> Lion obligation under this Paragraph 9.12 shal not be limited by . Drawings, Product Data and Samples, but only for the
<br /> a limitation on amount or type of damages.'comp—---'on or limited purpose of!hacking for conforrcrue with information
<br /> . • benefits payable by or for the Contractor or a Subcontractor . given and the design concept expensed in the Contract
<br /> under workers' or workmen's compensation acts, disability Docttmennn.
<br /> benefit acts or other employee benefit eras. . 10.3 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 Arced- thereof shall be decoded by arbinesion in accordance with the
<br /> sect's consultants. and agents and employees of my pf them ' Construction Industry Arbination Rules of the American A bi-
<br /> arisn g our of(1)the preparation or approval of maps,drawings, ration Association curmmiy in effect unless the parties mum-
<br /> . ,
<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 instruction s by the Architect. 10.5.Notice of the demand for arbitration shall be filed in writ-
<br /> the Architect's consul rants.and agents and=Igor=of any of trig with the other parry to this Agreemaent and with the AIWA-
<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 /> MA DOCIAMEHT Alf?•AOO*EV1ATt'.D O heft pen•NINTH EDtrION•MA' •®1987
<br /> 7 Al 07-18L7 THE AMERICAN INSTITUTE Of AkcaerreCrs, 1735 NEV YOU,AMU",N.W..woniunGt'ON.D.C.20006
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