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<br />have to the proceeds of such insurance as set forth in the edition of AlA Document AlOI,
<br />General Conditions of the Contract for Construction, current as of the date of this Agreement.
<br />The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents
<br />and employees of any of them similar waivers in favor of the other parties enumerated herein.
<br />/
<br />
<br />1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a
<br />cause of action in favor of a third party against either the Owner or Architect.
<br />
<br />1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's
<br />consultants shall have no responsibility for the discovery, presence, handling, removal or
<br />disposal of or exposure of persons to hazardous materials or toxic substances in any form at the
<br />Project site.
<br />
<br />1.3.7.7 The Architect shall have the right to include photographic or artistic representations of
<br />the design of the Project among the Architect's promotional and professional materials. The
<br />Architect shall be given reasonable access to the completed Project to make such
<br />representations. However, the Architect's materials shall not include the Owner's confidential
<br />or proprietary information if the Owner has previously advised the Architect in writing of the
<br />specific information considered by the Owner to be confidential or proprietary. =Ffte-Gwftef-
<br />sffitll flrayide f>rofessit3Ral~ fer tfie .'\refiitect ill the OWller's flromotioaal materials far tfie
<br />Pffljffi-:
<br />
<br />1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of
<br />such certificates shall be submitted to the Architect for review at least 14 days prior to the
<br />requested dates of execution. The Architect shall not be required to execute certificates that
<br />would require knowledge, services or responsibilities beyond the scope of this Agreement.
<br />
<br />1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners. successors.
<br />assigns and legal representatives to the other party to this Agreement and to the partners,
<br />successors, assigns and legal representatives of such other party with respect to all covenants of
<br />this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
<br />written consent of the other, except that the Owner may assign this Agreement to an
<br />institutional lender providing financing for the Project. In such event, the lender shall assume
<br />the Owner's rights and obligations under this Agreement. The Architect shall execute all
<br />consents reasonably required to facilitate such assignment.
<br />
<br />1.3.8 TERMINATION OR SUSPENSION
<br />
<br />1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this
<br />Agreement, such failure shall be considered substantial nonperformance and cause for
<br />termination or, at the Architect's option, cause for suspension of performance of services under
<br />this Agreement. If the Architect elects to suspend services, prior to suspension of services, the
<br />Architect shall give seven days' written notice to the Owner. In the event of a suspension of
<br />services, the Architect shall have no liability to the Owner for delay or damage caused the
<br />Owner because of such suspension of services. Before resuming services, the Architect shall be
<br />paid all sums due prior to suspension and any expenses incurred in the interruption and
<br />resumption of the Architect's services. The Architect's fees for the remaining services and the
<br />time schedules shall be equitably adjusted.
<br />
<br />1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the
<br />Architect shall be compensated for services performed prior to notice of such suspension.
<br />When the Project is resumed, the Architect shall be compensated for expenses incurred in the
<br />interruption and resumption of the Architect's services. The Architect's fees for the remaining
<br />services and the time schedules shall be equitably adjusted.
<br />
<br />1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 9<>
<br />consecutive days, the Architect may terminate this Agreement by giving not less than seven
<br />days' written notice.
<br />
<br />C> 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, C> 1997 bY The Amencan
<br />Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions
<br />without written permission of the AlA violates the copyright laws of the United States and will subject the
<br />violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will
<br />subject the violator to legal prosecution. This document was electronically produced with permission of the
<br />AlA and can be reproduced in accordance with your license without violation until the date of expiration as
<br />noted below. User Document: b141 -- 5/22/2002. AlA License Number 1121922, which expires on 10131/2002.
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<br />
<br />This document has important legal
<br />consequences. Consultation with an
<br />attorney is encourased with respect to
<br />its completion or modification.
<br />AUTHENTICATION OF THIS
<br />ELECTRON/CALLY DRAFTED AlA
<br />DOCUMENT MA Y BE MADE BY USING
<br />AlA DOCUMENT 0401. .'
<br />
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<br />@ 1997 AIA@
<br />AlA DOCUMENT B141 - 1997
<br />STANDARD FORM AGREEMENT
<br />
<br />...
<br />
<br />The American Institute of Architects
<br />1735 New York Avenue N.W.
<br />Washington, D.C. 20006-5292
<br />
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