Agenda - Council - 03/08/2005 - Laserfiche WebLink

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ARTICLE 9 MISCELLANEOUS PROVISIONS . § 9.1 Unless otherwise provided, thisAgreement Shall.be governed by the law of the place where the Project is located. § 9,2 Terms in this Agreement shall have th9 sam~ meaning as those in the edition of A1A Document A201/CMa, General Conditions of the Contract for Constructibn~ construction Manager-Adviser Edition, current as of the date of this Agreement. ', ' ~ ~ § 0.3 Causes of action between the parties to .this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitafi0~s shall commence to run not later than either the date of Substantial Completion for acts or failbres to act 6ccUrr(ng prior to Substantial Completion, or the date of issuance of the final Project Certificate for Payment for acts or fa!lures to act occurring after Substantial CompletiOn. § 0.4 The Owner and Architect waive all rights aghinatieach other and against the Construction Manager, Contractors, and the consultants, age~ats and employees 0flany of them for damages, but only to the extent covered by property insurance during construction, exCept~sUch rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Docum6nt A2OI/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edifio0, current as of the:date of this Agreement. The Owner and Architect each shall require similar waivers from th(~ COnstructib~i Manager, Contractors, consultants, agents, and persons or entitles awarded separate contracts administered t/rider the Owner's own forces. § 9.5 The Owner and Architect, respeCtively bind ,themselves, their partners, successors, assigns and legal representatives to the other party to this Agreemefit and tothe partners, successors, assigns and legal representative~ of such other party with respect to all COvenants of ~this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent: of the othe~. § 9.6 This Agreement represents the entire and integrated: agreement between the Owner and Architect and supersedes all prior negotiations, rep .r~ criterions qr/tgte~ments, either written or oral. This Agreement may be. amended only by written instrument signed by bOth Owner and Architect. § 9.7 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner 6r Architect~ § 9.8 Unless otherwise provided in this tAgreement; the Atohitect'and Architect's consultants shall have no responsibility for the discovery, presernCe, haudling~ rem6val or disposal of or exposure of persons to hazardous materials in any form at the Project si{a, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substam:es. § 9.9 The Architect shall have the right to include representations of the design of the Project, including Photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or pr°p~ietary information if the Owner has previously advised the Architect in writing of the specific inf0bnation cOfisidered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the'Ar6hitect ba the construction sign and in the promotional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT: §IOA DIRECT PERSONNEL EXPENSE' § 10.1,1 Direct Personnel Expense is defined as thCldkect salaries of the Architect's personnel engaged on the Project and the portion of the cost of .their mandat°ry and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefit; insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. § ~0.2 REIMBURSABLE EXPENSES § 10.2.1 Reimbursable Expenses are in oddition to cOmpensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's!employees and consultants in the interest of the Project, as identified in the following Clauses. AIA Document BI4I/~MaTM - 199~'. Gapyrlght protecled by U.S. C~pyrlght Law end Intematl~n~! TroWellers. Uoafith~ri_Zed reproduction or distribution of this ~.6~ Document, or an~ portion o! it may result In severe civil and erlrninal penaltla~t,[and ~ill,be ~osecate~ {0 lha maximum extent possible under lhe law. lhis document was produced by AIA software at 15:21:18 on 01/13/2005 under ~}der NoAO001 ~.8~12~1 iW~lich expires on 7/15/2005, and is not for resale. User Notes: ; ~ ~ : r. (3604103679) 11