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ARTICLE 12 OF AIA B151 <br />The provisions of this Article 12.0 take precedence over any provision of the printed Form B 151 (1997 <br />Edition) which is in conflict with this Article. <br />12.1 LIMITED LIABILITY ENTITY <br />The Owner acknowledges that the Architect and its consultants are limited liability entities and <br />agree that any claim made by it arising out of any act or omission of any director, officer, or <br />employee of the Architect, or its consultants, in the execution or performance of this Agreement, <br />shall be made against the entity and not against any of their individual directors, officers, or <br />employees. <br />12.2 LIMITATION OF LIABILITY <br />Owner and persons claiming through the Owner agree to limit the liability of the Architect, its <br />agents, consultants, and employees for all claims arising out of, in connection with, or resulting <br />from the performance of services under this Agreement to one million dollars ($1,000,000.00). <br />12.3 STANDARD OF CARE/DISCLAIMER OF WARRANTIES <br />Nothing contained in this Agreement shall require the Architect to exercise professional skill and <br />judgment greater than that which can be reasonably expected from other architects performing <br />similar services to those required hereunder. Architect makes no other warranties, express or <br />implied. This limitation shall not be modified by any certification or representation made by <br />Architect as an accommodation upon request of Owner. The parties acknowledge that <br />notwithstanding the exercise of due care and skill, no set of plans and specifications is entirely <br />free of errors and omissions and that the existence of an error or omission does not automatically <br />consfitute a breach of the standard of care. Accordingly, if, as a result of any negligent acts, errors <br />and omissions, the Owner incurs an accumulation of excess costs over two percent (2%) of the <br />actual project construction cost, not including any improvement costs or betterment costs, the <br />Architect shall bear the burden of such accumulation of excess costs over the two percent (2%). <br />The Architect shall have no liability for any such excess costs which are less than two percent <br />(2%) of the actual project construction cost. <br />12.4 SCHEDULE OF SERVICES <br />12.4.1 Design and Contract Administration Services beyond the following limits shall be provided by <br />the Architect as a Change in Services in accordance with Section 3.3.1: <br />.1 up to two (2) reviews of each Shop Drawing, Product Data item, sample and similar <br />submittal of the Contractor. <br />.2 up to ten (10) visits to the site by the Architect over the duration of the Project during <br />construction. <br />.3 up to two (2) inspections for any portion of the Work to determine whether such portion of <br />the Work is substantially complete in accordance with the requirements of the Contract <br />Documents. <br />.4 up to two (2) inspections for any portion of the Work to determine final completion. <br />12.4.2 The following Design and Contract Administration Services shall be provided by the Architect as <br />a Change in Services in accordance with Section 3.3.1: <br />Page 1 of 2 <br />