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other rights or obligations of indemnity that would otherwise exist as to a party or person described in this
<br />Section 3.18.
<br />§ 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 ARCHITECT
<br />§ 4.1 GENERAL
<br />§ 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing
<br />architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the
<br />Agreement and is referred to throughout the Contract Documents as if singular in number.
<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, Contractor and Architect.
<br />Consent shall not be unreasonably withheld.
<br />§ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom
<br />the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the
<br />Architect.
<br />§ 4.2 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 during construction until the date the Architect issues the final Certificate for Payment.
<br />The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract
<br />Documents.
<br />§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed
<br />with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed,
<br />and to determine in general if the Work observed is being performed in a manner indicating that the Work, when
<br />fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to
<br />make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will
<br />not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or
<br />procedures, or for the safety precautions and programs in connection with the Work, since these are solely the
<br />Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.
<br />§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and
<br />quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract
<br />Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and
<br />deficiencies observed in the Wank. The Architect will not be responsible for the Contractor's failure to perform the
<br />Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or
<br />charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
<br />employees, or any other persons or entities performing portions of the Work.
<br />§ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION
<br />Except as otherwise provided in the Contract Documents or when direct communications have been specially
<br />authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about
<br />matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be
<br />through the Architect. Communications by and with Subcontractors and material suppliers shall be through the
<br />Contractor. Communications by and with separate contractors shall be through the Owner.
<br />§ 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review
<br />and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.
<br />§ 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the
<br />Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the
<br />Init.AIA Document A201 "- —2007. CopyrightO 1888, 1911,1915,1918,1925, 1937, 1951, 1958, 1961,1963,1966,1970,1976,1987, 1997 and 2007 by The American
<br />Institute of Architects. All rights reserved. WARNING: This Ate Document is protected by U.S. Copyright taw and International Treaties. Unauthorized repro- 17
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<br />extent possible under the law. This document was created on 0310612015 17:54:14 under the terms of AIA Documents -on -Demand order no. 2009010546,
<br />and is not for resale. This document is licensed by the American institute of Architects for one4me use only, and may not be reproduced prior to its completion.
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