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D. Architect neither guarantees the performance of any contractor nor assumes responsibility for any
<br />contractor's failure to furnish and perform its work in accordance with the contract between Owner
<br />and such contractor. Architect is not responsible for variations between actual construction bids or
<br />costs and Architect's opinions or estimates regarding construction costs.
<br />E. Architect shall not be responsible for the acts or omissions of any contractor, subcontractor, or
<br />supplier, or of any of their agents or employees or of any other persons (except Architect's own
<br />employees) at the Project site or otherwise furnishing or performing any construction work; or for
<br />any decision made regarding the construction contract requirements, or any application,
<br />interpretation, or clarification of the construction contract other than those made by Architect.
<br />F. The general conditions for any construction contract documents prepared hereunder are to be the
<br />"Standard General Conditions of the Construction Contract" as prepared by the Architects AIA
<br />Contract Documents Committee unless the parties agree otherwise.
<br />G. All documents prepared or finnished by Architect are instruments of service, and Architect retains
<br />an ownership and property interest (including the copyright and the right of reuse) in such
<br />documents, whether or not the Project is completed. Owner and Ziker shall have a limited license
<br />to use the documents on the Project, extensions of the Project, and for related uses of the Owner,
<br />subject to receipt by Architect of full payment for all services relating to preparation of the
<br />documents and subject to the following limitations: (1) Owner acknowledges that such documents
<br />are not intended or represented to be suitable for use on the Project unless completed by Architect,
<br />or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any
<br />other use or purpose, without written verification or adaptation by Architect; (2) any such use or
<br />reuse, or any modification of the documents, without written verification, completion, or adaptation
<br />by Architect, as appropriate for the specific purpose intended, will be at Owner's sole risk and
<br />without liability or legal exposure to Architect or to its officers, directors, members, partners,
<br />agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Architect and its
<br />officers, directors, members, partners, agents, employees, and consultants from all claims, damages,
<br />losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or
<br />modification of the documents without written verification, completion, or adaptation by Architect;
<br />and (4) such limited license to Owner shall not create any rights in third parties.
<br />H. To the fullest extent permitted by law, Owner and Architect (1) waive against each other, and the
<br />other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims
<br />for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting
<br />from, or in any way related to the Project, and (2) agree that Architect's total liability to Owner
<br />under this Agreement shall be limited to $19,500 or the total amount of compensation received by
<br />Architect, whichever is greater.
<br />I. The parties acknowledge that Architect's scope of services does not include any services related to
<br />a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous
<br />substances or waste as defined by the Comprehensive Environmental Response, Compensation and
<br />Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Architect or any other party
<br />encounters a Hazardous Environmental Condition, Architect may, at its option and without liability
<br />for consequential or any other damages, suspend performance of services on the portion of the
<br />Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to
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<br />PJCDC E-500 Agreement Behveen Owner and Architect for Professional Set -vices
<br />Copyright O 2008 National Society of Professional Architects for EJCDC. All rights reserved.
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