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r <br />40 <br />3,18,2 In claims against any person or entity indemnified tinder this Paragraph 3.18 by an cniployce of the Contractor. a <br />Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. the indemnification <br />obligation under Subparagraph 3.18.1 shall not be limitcd by a liniiiation on amount or type of damages. compensation or <br />benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other <br />employee benefit acts. <br />ARTICLE 4 ADMINISTRATION OF THE CONTRACT <br />4.1 ARCHITECT <br />4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture <br />identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term <br />"Architect" means the Architect or the Architect's authorized representative, <br />4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be <br />restricted, modified or extended without written consent of the Owner. Contrlctor and Architect- Consent shall not be <br />unreasonably %villnccid, <br />4,1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the <br />Contractor has no reasonable objection and whose status under lite Contract Documents shall be that of the former Architect. <br />4.2 ARCHITECT'S 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 an <br />Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time <br />to time during the one-year period for correction of Work described in Paragraph 12.2. The Architect will,�tse and consult <br />with the Owner. The Architect will have authority to act on behalf' of lite Owner only to the extent provided in the Contract <br />Documents, unless otherwise modified in writing in accordance will, other provisions or the Contract. <br />4.2.2 The Architect, as a iepresentativc of the Owner, shall will visit the site at intervals apprOpfi= to the stage Of the <br />Contractor's Operations or as othcnvisc a rcedby the Owner and the Architect in Article 2.8 _{ l} of 1lieAkrcentenl-E3et,Len <br />Owner and Architect jo become generally familiar with and to the best of his knowlcd> a keep the (Xvncr informed about the <br />progress and quality of the portion of the Work completed, (2) to cn&-ivor to guard the Owner against dei'ccts and deficiencies <br />in the Work, and (3) to determine in -general if lite Work is being performed in,u fully- <br />eompleted -will-bc in accordance with the Contract Documents. Ilmiever. the Architect shall will not be required to make <br />exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have <br />control over or charge of, nor be responsible for, the construction means, methods, techniques. sequences or procedures, or for <br />the safety precautions and programs in connection with the Work, since: these are solely [tic Conlractor's rights and <br />responsibilities under the Contract Documents.�a}leept-n3 provided -in -Subparagraph -3.3:1. <br />4.2,3 The Architect will not be responsible for the Contractor's failure to perform. lite Work in accordance with the <br />requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for <br />acts or Omissions Of the Contractor, subcomr,aclors. or their agents or employees. or any other persons or entities performing <br />portions of the Work. <br />4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents, <br />or -Arilten-direc# -cOrmr imieations -have -been - i)Wially nulhorived. the Owner and Contractor shall initialer -endeavor to <br />communicate w'ilh each other through the Archilecl about nlalters arising out of or relating to the Contract. Communications by <br />and with the Architect's consultants shall be through the Architect. C'onimunicalions by and with Subcontractors and material <br />suppliers shall be through the Contractor. Com nut nications by and with separate contractors shall be through the Owner. <br />4,2.8 Based on the Architect's evaluations of the Work as provided in Subpalragrtplix,2,2 and on the data comprising the <br />Contractor's Applications for Paymcnl, lite Architect will review and certify the amounts due the Contractor and will issue <br />Ccrtilleattcs for Payment in Stich amounts, <br />AtA tX)CtJMF. Kf Alb (-t n?NRRAI, Cd aNlltl'naNS t F Tl u : C( KVRA(A FOR CON' rlt l XTION - 11)117 F 11r1ION - AIA - VOPY R 10111' M7 - THE A&W RIC "oN <br />INtilTfarrt3 ov ARciumSC7'tt, 1733 Nt;w YORK AVIiN11Ii N -W-, WANIIINirION, O.C. 141118.-3292 WAR.NINtt: Uilia NA ph++luE.-y+vett+. Vq-14111 VS <br />wpyailft laws raid will uuhju+f tht yiolel<K w IvTAI pru tinn.'116 dwunianl %Vdk clwtr+yltwlty pnatuwxxl .lith patuixCum ofthc MA Aril oma kw iq,wtu,.J nrthntu <br />si"ehliwl until t}ta d�lunfu�eiraaiun alit rr irrl Ixl+*v. <br />Elaclronic l'ormal U0 14997 <br />User Documcni: VURO-7111/201H). 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