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1 . 3 . 7. 2 Terms in this Agreement shall have the same meaning as those in the 1997 edition of AIA Document A2oi, General Conditions of the Contract for Construction as modified (See Exhibit B hereto) . , . 1 . 3 . 7. 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 limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. I* -Ret - sha4 -soh statutes -e€ lifnitatiens eamnience -to fun -airy 4atef -kart -the -date when -the - AFehiteet' __ _ _.. . ____ __ally _ e::1 __ ._._. This document has important legal consequences. Consultation with an 1 . 3 . 7. 4 To the extent damages are covered by property insurance during construction, the attorney is encouraged with respect to Owner and the Architect waive all rights against each other and against the contractors, its completion or modification. consultants, agents and employees of the other for damages, except such rights as they may AUTHENTICATION OF THIS have to the proceeds of such insurance as set forth in Exhibit B . in4-heedtien -of 4tA - ELECTRONICALLY DRAFTED AIA I�eetiM A ,,,,� DOCUMENT MAY BE MADE BY USING 9E�e13tTCZVi- � al, !` a a F !� a a ' a Fat. .t a ' AIA DOCUMENT D401. of 4his Agmeffiefit. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1 . 3 . 7. 5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1 . 3 . 7. 6 Unless otherwise provided in this Agreement, the Architect and Architect' s consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1 . 3 . 7 . 7 Subject to the Owner's prior review and written approval thereof, the The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall_ may, in its sole discretion , provide professional credit for the Architect in the Owner's promotional materials for the Project. 1 . 3 . 7 . 8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution . The Architect shall not be required to execute certificates that }@ , would require knowledge, services or responsibilities beyond the scope of this Agreement. I� 1 . 3 . 7 . 9 The Owner and Architect, respectively, bind themselves, their partners, successors, © 1997 AIA® assigns and legal representatives to the other party to this Agreement and to the partners, AIA DOCUMENT 8141 - 1997 successors, assigns and legal representatives of such other party with respect to all covenants STANDARD FORM AGREEMENT of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an The American Institute of Architects institutional lender providing financing for the Project. In such event, the lender shall assume 1735 New York Avenue N .W. the Owner's rights and obligations under this Agreement. The Architect shall execute all Washington, D .C. 20006-5292 consents reasonably required to facilitate such assignment. 1 . 3 . 8 TERMINATION OR SUSPENSION 1917, 19261 1948* 19511 1953, 1958, -1961 , 1963, 19661 19671 1970, 1974, 19771 19870 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U .S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: standard agreement admin bldg 97bl4l(4-8-03). aia -- 5/5/2003. AIA License Number 1127252, which expires on 7/31/2003. 10