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Sueh obligation shall not be limited to negate, abridge, or- reduce ethef rights Of! obligat which would other-wise exist as to a partyOlFpef son desefibed in this Seetion 5 million per occurr nce . § 3. 18.2 In claims against any person or entity indemnified under this Section 3 . 18 by an employee of thl Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be iable, the indemnification obligation under Section 3 . 18 . 1 shall not be limited by a limitation on amount or type o damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers ' compensal ion acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT § 4.1 ARCHITECT § 4. 1 . 1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practic ng architecture identifiedas such in the Agreement and is referred to throughout the Contract Documents a if singular in number. The term "Architect" means the Architect or the Architect' s authorized representative . § 4. 1 .2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the wner and Architect. Consent shall not be unreasonably withheld . § 4. 1 .3 If the employment of the Architect is terminated, the Owner shat-may employ a new Architect and whose status under the Contract Documents shall athat of the former Architect. § 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT § 4.2. 1 The Architect will provide administration of the Contract as described in the Contract Document 1, and will be an Owner' s representative ( 1) during construction, (2) until final payment is due and (3 ) with the Owner ' s concurrence, from time to time during the one-year period for correction of Work described in Section12 .2. the Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions' of the Contract. § 4.2.2 The Architect as a representative of the Owner, will-shall visit the site at intervals appropriate to I he stage of the Contractor' s operations or as otherwise agreed by the Owner and the Architect in Article 2. 8 of the tandard Form of Agreement Between Owner and Architect with Standard Form of Architect' s Services ( 1 ) to be ome genet dl-y-familiar with and to the best of his knowledge, keep the Owner informed about the progress an J quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies i the Work, and (3) to determine in general-if the Work is being performed in , eempleted, accordance with the Contract Documents. , exhaustive eF eentinuous oft site inspeetions to eheek the quality or- quantity of the Work. The AfeWteet will neitheE ,have centfol ever- of charge of-, nor- be responsible for , § 4.2.3 The Ar-ehiteet will not be r-espensible for- the Centfaeter-' s failufe to peFfefm the Work in aeeefdanjae with the r-equir-ements of the Centfaet Doeuments . The Arehiteet will not have eentrel ever- ef ehafge of and will "ot be per- entities of fe min ....t: ,. of the \II k t. . o... ... v.. a.vv Yv auuaab `� § 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contr ct , Documents, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect' s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications' by and with separate contractors shall be through the Owner . § 4.2.5 Based on the Architect' s evaluations of the Work as provided in Subparagraph 4.2.2 and on the data comprising the Contractor' s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. AIA Document A201 *r - 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937 1951 , 19589 1961 , 1963, 19662 19679 19709 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING : This AW Document Is protected by U.S. Copyright Law and International Treaties. $ Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13 :00:02 on 04/19/2006 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes: ( 1205244124)