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Init.
<br />§ 3.18 INDEMNIFICATION
<br />§ 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner,
<br />Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages,
<br />losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the
<br />Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,
<br />or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the
<br />negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or
<br />anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is
<br />caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce
<br />other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section
<br />3.18.
<br />§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor,
<br />a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the
<br />indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages,
<br />compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts,
<br />disability benefit acts or other employee benefit acts.
<br />ARTICLE 4 ARCHITECT
<br />§ 4.1 GENERAL
<br />§ 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing
<br />architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the
<br />Agreement and is referred to throughout the Contract Documents as if singular in number.
<br />§ 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents
<br />shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect.
<br />Consent shall not be unreasonably withheld.
<br />§ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom
<br />the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the
<br />Architect.
<br />§ 4.2 ADMINISTRATION OF THE CONTRACT
<br />§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be
<br />an Owner's representative during construction until the date the Architect issues the final Certificate for Payment.
<br />The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract
<br />Documents.
<br />§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed
<br />with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed,
<br />and to determine in general if the Work observed is being performed in a manner indicating that the Work, when
<br />fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to
<br />make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will
<br />not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or
<br />procedures, or for the safety precautions and programs in connection with the Work, since these are solely the
<br />Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.
<br />§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and
<br />quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract
<br />Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and
<br />deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the
<br />Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or
<br />charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
<br />employees, or any other persons or entities performing portions of the Work.
<br />AIA Document A201 TM - 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
<br />Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17
<br />reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
<br />maximum extent possible under the law. This document was produced by AIA software at 16:58:20 on 03/19/2015 under Order No. 6807041607 which
<br />expires on 03/18/2016, and is not for resale.
<br />User Notes: (3B9ADA1 E)
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