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4D • tights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may [save to the proceeds of such insurance as set forth l xhibi "A°. in44io-edilioii-ef-AIA4)oemneni-A2W. Fsenern[4=enditiens-of3lte-Eotttrt-€ar�ons4rnteliott�ur-r�,vtt�s-0#'�Ise-e[nteof-this-Agreeletellt�lte-FTwner-er�ite--Architect;-us- e�prep�ate:-shall-regttire ef-thee-sontr�aetors; •+�ansttltaants:-agetttsartd-em€tlayees-n€-uny vt'-them-simikrr-rvtaivers-in-favrrr�t'-the edmr—pales- aumerated-liereirt 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor ofa third party against either the Chvncr or Architect. 1.3.7.8 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 persomis to hazardous materials or toric substances in any form at the Project site. 1.3,1.7 The Subject to the Otvuaer"sprior review and written approval thereof 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 (lie O wnces confidential or proprietary information if the Chvner has previously advised the Architect in writing of the specific information considered by the Otvner to be confidential or proprietary. The Owner shall may, in it's sole discretion, provide professional credit for the Architect in the Owners promotional materials for the Project. 1.3.7.8 If the ORvner 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.. 1.3,7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect dull assign this Agreement without the written consent of the other._,exorept4hal4he-Owner-tray-assign Phis Agrcement to ltn inslHulianal�ender providing #}nnnsing for -luta Pi�ej+eei. hi -such even!, lute lender shall asseasne #Ila ter-rigiats-l+iul ob}igatioirs rindar-fulls-Agreanterit:=Fha#shitect slanN exee�rle-rtll-evnsents-reasonably-rectuirc�dio-facet elate stu3#r-rrssigrinlent. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the {hvner fails to make payments to the Architect in accordance with this Agreement, the Architect having. perfolmed the Architect's obligations hereunder, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's opt -son, cause for suspension of performance of services under this Agreement. if the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owncr. In the event of ares oiler suspension of services, the Architect shall have no liability to the C)avner far delay or darsuige caused the C7wner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any direct expenses -reasonably incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted.. 1.3.8.2 If the Project is suspended by the Owner for more titan 34 consecutive days,throu no fault of the Architect, the Architect shall be compensated for services performed prior to notice: of such suspension. When the Project is resumed, the Architect shall be compensated for direct expenses reasonably incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted - 1.3,8.3 If, ihrou ► no fault of the Architect,_ the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by ,giving not less than seven days' written notice. 1.3.8.4 This Agreement maybe terminated by either party upon not less than seven days' l.ritten notice should the other party fail substantially to perform in accordasim with the terms of this Agreement through no fault of the party initiating the termination. AIA DG1CUWNT D141-5rANDARi) vokhi AGnl:rihat'.Nr - 1997 F'.INF rN - AIA- COPYnii3M 1997 .,run ANTRICAN INsTiiiriE ot: A tcrirn,.c rs, 1735 A'LW YOkK AVLINIni N.W., WANIIINi3TON, D.C. 20004.3272. WA1tNiNQ LPolium%W will subiod aheviolator to pi proaouAm.. 11L1 domlimt wal clydrtxaicany produmd with pertnaxim 444 AiA and can be r.Trodumd wditaid Violation tuftal the filly or eApiratim a otted below. Flectronie Format B141-1997 User Document: VB -- 7/1112tlilil. ALA License Number 104600, Which expires mil 11612iltll -- page 4$