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consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1 . 3 . 7 . 5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1 . 3 . 7 . 6 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 persons to hazardous materials or toxic substances in any form at the Project site. 1 . 3 . 7 . 7 Subject to the Owner's prior review and written approval thereof. the The Architect shall have the right to include photographic or artistic representations of the design of This document has important with a the Project among the Architect's promotional and professional materials. The Architect shall consequences. consultation with be given reasonable access to the completed Project to make such representations. However, attorney is encouraged with respect to its completion or modification. the Architect's materials shall not include the Owner's confidential or proprietary information AUTHENTICATION OF THIS if the Owner has previously advised the Architect in writing of the specific information ELECTRONICALLY DRAFTED AIA considered by the Owner to be confidential or proprietary. The Owner sl3all may. in its sole DOCUMENT MAY BE MADE BY USING discretion , provide professional credit for the Architect in the Owner's promotional materials AIA DOCUMENT D401 . for the Project. 1 . 3 . 7 . 8 If the Owner 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 shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1 . 3 . 8 TERMINATION OR SUSPENSION 1 . 3 . 8 . 1 If the Owner fails to make payments to the Architect in accordance with this Agreement, the Architect having performed the Architect's obligations hereunder, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, 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 Owner. In the event of arp oiler suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due , prior to suspension and any itct 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. © 1997 AIA® AIA DOCUMENT B141 - 1997 1 . 3 . 8 . 2 If the Project is suspended by the Owner for more than 30 consecutive days, through STANDARD FORM AGREEMENT 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. The American Institute of Architects direct expenses reasonably incurred in the interruption and resumption of the Architect' s 1735 New York Avenue N .W. Washington, D . C . 20006- 5292 services. The Architect' s fees for the remaining services and the time schedules shall be equitably adjusted. m 1917, 19260 1948g 1951, 19530 19581 1961 , 1963, 1966, 1967, 19701 19741 19771 1987, O 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. 9