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§ 3. 18.2 In claims against any person or entity indemnified under this Section 3 . 18 by an employee of the Contractor,
<br /> a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the
<br /> indemnification obligation under Section 3 . 18 . 1 shall not be limited by a limitation on amount or type of damages ,
<br /> compensation or benefits payable by or for the Contractor or a Subcontractor under workers ' compensation acts ,
<br /> disability benefit acts or other 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
<br /> architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular
<br /> in number. The term "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
<br /> shall not be restricted, modified or extended without written consent of the Owner- Gentr-ae Owner and Architect.
<br /> Consent shall not be unreasonably withheld.
<br /> § 4. 1 . 3 If the employment of the Architect is terminated, the Owner sli*WM employ a new Architect against
<br /> and whose status under the Contract Documents shall be that of
<br /> 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
<br /> an Owner' s representative ( 1 ) during construction, (2) until final payment is due and (3 ) with the Owner' s
<br /> concurrence, from time to time during the one-year period for correction of Work described in Section 42-. —.
<br /> the Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the
<br /> Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance
<br /> with other provisions of the Contract.
<br /> § 4.2.2 The Architect, as a representative of the Owner, will-shall visit the site at intervals appropriate to the stage of
<br /> the Contractor' s operations or as otherwise agreed by the Owner and the Architect in Article 2 . 8 , of the Standard
<br /> Form of Agreement Between Owner and Architect with Standard Form of Architect ' s Services ( 1 ) to become
<br /> gener-MITY familiar with and to the best of his knowledge, keep the Owner informed about the progress and quality of
<br /> the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work,
<br /> and (3) to determine in genefal if the Work is being peffefmed in a manner- indieafing that the Work, when fully
<br /> eempleted, vAR-lie-performed . in accordance with the Contract Documents . 14oweverthe " FeNteet will nMehiteet %pill neither have control
<br /> eveF GEeharge of-, nor be FeSponsible for-, the constfuetion means, �� '��
<br /> required to make exhaustive er- eentinuous E)a site inspeetions to eheek the quality eF quantity of �he WeAE. The
<br /> ,
<br /> these are solely the GeatfaeteF' s rights and r-espensibilifies under- �he Gentfaet Doeuments, e*eept as pr-evided- in
<br /> Section 3 . 34-.
<br /> § 4.2.3Gentfaeter-' s failure to per-fefm the Work in aeeer-danee with the
<br /> re qu ir-e f nents e- -f dh ea Ge n t.r.net De em., mea,n t S. T_ h ea, Affe h 0 t e e t ;A41 1 n o t hav e ee f itf e 1 e ver- o r- charge e f
<br /> and will ne t b e
<br /> responsible feFacts or emissions of the Centfaeter-, SubeentractoEs, or their- agents oFemployees, or- any ot
<br /> persons or- entities peffer-ming poffions ef the Work.
<br /> § 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract
<br /> or- when difeet eeninflunioations have been speeially Documents, the Owner and Contractor
<br /> shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the
<br /> Contract. Communications by and with the Architect ' s consultants shall be through the Architect. Communications
<br /> by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with
<br /> separate contractors shall be through the Owner.
<br /> § 4.2.5 Based on the Architect ' s evaluations of the Work as provided in Subparagraph 4 . 2 . 2 and on the data
<br /> comprising the Contractor' s Applications for Payment, the Architect will review and certify the amounts due the
<br /> Contractor and will issue Certificates for Payment in such amounts .
<br /> § 4.2. 6 The Architect will have authority to reject Work that does not conform to the Contract Documents . Whenever
<br /> the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of
<br /> AIA Document A201 TM - 1997. Copyright ® 19113 19153 1918, 1925, 1937, 1951 , 1958 , 1961 , 1963 , 1966, 1967, 1970, 1976, 1987 and 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING : This AIAe Document is protected by U.S. Copyright Law and International Treaties.
<br /> 8
<br /> Unauthorized reproduction or distribution of this AIA 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 17: 14 :54 on 05/25/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes: (3418817618)
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