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safety meati iens -ate pEegr-affis -in Eennection -with 4he Werk, since -these -afe -selely 4he - 2 . 6 . 2 . 2 The Architect shall report to the Owner in writing known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However-, 4he "h 'tet -shall -net -be r-espeasible -fer Oke Contractor's failure 4e - perffeffn 4he Werk -ie ase -with Oke fe"iFements -of the mare its. -The - eentrel every-ehwge ef-and-shafl-net-be respeasible4eF-aets-eF emissiens of theGeatfaetef.- Sencentfactefs, -eF -their agents -of empleyees -of-afty ether persons -eF entities pefferming - pertieus of the We-1F 2 . 6 . 2 . 3 The Architect shall at all times have access to the Work wherever it is in preparation or This document has important legal progress. consequences. Consultation with an attorney is encouraged with respect to its completion or modification. 2 . 6 . 2 . 4 Except as otherwise provided in this Agreement,, of when ElifeEt EemmuniEatieffs - AUTHENTICATION OF THIS have -been specially autherized, the Owner shall initiallyendeavor to communicate with the ELECTRONICAUY DRAFTED AIA Contractor through the Architect about matters arising out of or relating to the Contract DOCUMENT MAY BE MADE BY USING Documents. Communications by and with the Architect's consultants shall be through the AIA DOCUMENT D401. Architect. 2 . 6 . 2 . 5 The Architect shall have aetherity 4e reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Owner to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2 . 6 . 3 CERTIFICATION OF PAYMENTS TO CONTRACTOR 2 . 6 . 3 . 1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Paragraph 2. 6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject {-4-te evaluatien ef the- Wofk -fer Eenfe Ee with -the GentrarA -Dee tents upen Substantial Gempletiefl, -(-24 4e - resuks -of subsequent tests -and inspeEtiens, 43} to correction of minor deviations from the Contract Documents prior to completion, and (4} to specific qualifications expressed by the Architect. The issuance of a Certificate of Payment shall further constitute a representation that the Contractor is entitiled to payment in the amount certified . , , A 2 . 6 . 3 . 2 The issuance of a Certificate for Payment shall not be a representation that the Architect has ( 1 ) made exhaustive or continuous on-site inspections to check the quality or p 1997 AIA® quantity of the Work, ( 2) reviewed construction means, methods, techniques, sequences or AIA DOCUMENT 8141 - 1997 procedures, (3) reviewed copies of requisitions received from Subcontractors and material STANDARD FORM AGREEMENT suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously The American Institute of Architects paid on account of the Contract Sum. 1735 New York Avenue N .W . Washington, D . C . 20006-5292 2 . 6 . 3 . 3 The Architect shall maintain a record of the Contractor's Applications for Payment. 0 19171 19268 1948, 19511 1953, 19581 1961, 1963, 19660 19671 1970, 1974, 1977, 1987, Q 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: cra - jail -97bl41 . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 20