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§ 4.3 .9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
<br /> contemplated are materially changed in a proposed Change Order or Construction Change Directive so that
<br /> application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or
<br /> Contractor, the applicable unit prices shall be equitably adjusted .
<br /> § 4.3 . 10 Waiver of Claims for Consequential Damages . The Contractor and the Owner waive Claims
<br /> against each other for all consequential damages arising out of-of, or ielating-related to termination of
<br /> this Contract. This mutual ,. aiye. ineb des : Nothing contained in this section 4 . 3 . 10 shall be deemed
<br /> to preclude the award and payment of liquidated damages by Contractor to Owner pursuant to the
<br /> Contract Documents . Liquidated Damages pursuant to the Contract Documents are Owner ' s sole
<br /> remedy for dela.
<br /> profit,A damages ineuffed by the Owner- for- fental expenses, for losses of use, ifle9me ,
<br /> fin
<br /> business and reputation, and for loss of management or employee productivity or- of the services e
<br /> such perms
<br /> personnel stationed there, fer- losses of finaneing, business and reputation, and for- less Of ffefit
<br /> vna.vr,. waa.xczfsu dy ,
<br /> TWs mtual waiver- is applieable, without limitation, to all eensequential damages due to eithef pafty ' s tefminatien
<br /> in aeeefdanee with Ar-tiele 14 . Nothing eentained in this Seefien 4 . 3 . 10 shall be deemed to pfeelude an award- of
<br /> liquidated direct damages, when applieable, in accordance with the requirements of the Gentmet Doeume
<br /> § 4.4 RESOLUTION OF CLAIMS AND DISPUTES
<br /> § 4.4, 1 Decision of Architect. Claims , including those alleging an error or omission by the Architect but excluding
<br /> those arising under Sections 10. 3 through 10. 5 , shal�-may, upon request of both the Owner and the Contractor, be
<br /> referred initially to the Architect for deeisio . . An initial-decision by the Arehiteet shall be -e .ed a eandiEien
<br /> preeedent to mediation, mr-hitraflon
<br /> or lifigation of all Claims between the. Contractor and Owner- a4sing pfier- to the.
<br /> date final payment is due, unless 30 days have passed after- the Claim has hmen r-ta4ued to the Arehiteet %rith ne
<br /> deeision having been fender-ed by the Afehiteet. The Arehiteet will not deeide disputes betwAreen tl; p-. C--.P- i#-raet8r- and
<br /> per-sons or entities other- recommendation .
<br /> § 4.4.2 The Architect will review all Claims referred and within ten days of the receipt of the Claim take one or more
<br /> of the following actions : ( 1 ) request additional supporting data from the claimant or a response with supporting data
<br /> from the other party, (2) rejeet recommend rejecting the Claim in whole or in part, (3 ) awe-recommend approval
<br /> of the Claim, (4) suggest recommend a compromise, or (5 ) advise the parties that the Architect is unable to feselve
<br /> f" rmake a recommendation if the Architect lacks sufficient information to evaluate the merits of the Claim or
<br /> if the Architect concludes that, in the Architect ' s sole discretion, it would be inappropriate for the Architect to
<br /> Feselve the make a recommendation ,
<br /> § 4.4. 3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from
<br /> either pat4y or- ffam per-sons with speeial knewledge or expertise who may assist the Affehiteaet in rendering a.
<br /> . party
<br /> § 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data,
<br /> such party shall respond, within ten days after receipt of such request, and shall either provide a response on the
<br /> requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the
<br /> Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the
<br /> Architect will take one of the Gai-m-last four (4) numbered actions contem 1p ated
<br /> subparagraph 4.4 .2, in whale or- paft. writing stating the reasons therefor. § 4.4.5
<br /> § 4 .4. 5 The A176hiteet wi!! approve or- r-ejeet Claims by written deeision, whieh shall state the reasefis therefor- and
<br /> whieh shall notify the par-ties of any ehange in the Centraet Sum or- Gentfaet T- iffle or -both . The approval or Fejection
<br /> Af A Claim by the Ar-ehiteet shall be final and binding en thei et te meadiation and ar-bitfation .
<br /> § 4.4. 6 Afhen A vr;itten deeision of the Arehiteet states that ( 1 ) the deei.sie- n tS fin .A ] hilt subject to mediation and
<br /> arbitration and (2) a demand. fiff ffbitff.atien of a Claim eover-ed by sueh deeision must be -made within 30 days afte
<br /> the date on whieh the pafty making the demand Feeeives the fin.al y4ittp.m deeision, then failufe to demand afbitfatien
<br /> within said Aall result in the Ar-ehiteet ' s deeision becoming fina4 and binding open the Owner and
<br /> AIA Document A201 TM - 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958 , 1961 , 1963, 1966, 1970, 1976, 1987 and 1997 by
<br />The American
<br /> Institute of Architects. All rights reserved. WARNING : This AIA ° Document Is protected by U.S. Copyright Law and International Treaties. 21
<br /> Unauthorized reproduction or distribution of this AIA'a Document, or any portion of it, may result in severe civil and criminal penalties, and will
<br /> be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:50:06 on 08/10/2005 under Order
<br /> No. 1 0001 92296_1 which expires on 8/8/2006 , and is not for resale.
<br /> User Notes : (726890250)
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