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<br />AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
<br />reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of
<br />The American Institute of Architects. This document was produced at 16:07:00 ET on 07/31/2023 under Order No.3104237129 which expires on 08/14/2023, is not
<br />for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations,
<br />e-mail docinfo@aiacontracts.com.
<br />User Notes: (1345795138)
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<br />§ 3.15.2 If, after forty-eight (48) hours following written notice to the Contractor, the Contractor fails to clean up as
<br />provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the
<br />Contractor.
<br />§ 3.16 Access to Work
<br />The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever
<br />located.
<br />§ 3.17 Royalties, Patents and Copyrights
<br />The Contractor shall pay all royalties and license fees which may be due on the inclusion of any patented or
<br />copyrighted materials, methods or systems selected by the Contractor and incorporated in the Work. The Contractor
<br />shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect
<br />harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design,
<br />process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the
<br />copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or
<br />Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the
<br />Contractor shall be responsible for the loss unless the information is promptly furnished to the Owner or Architect.
<br />§ 3.18 Indemnification
<br />§ 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner,
<br />Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses,
<br />and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work,
<br />provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to
<br />injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent
<br />acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for
<br />whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a
<br />party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or
<br />obligations of indemnity that would otherwise exist as to a party or person described in this 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 />§3.18.3 Notwithstanding any other provision of the Contract Documents, the obligations of the Contractor under this
<br />Section 3.18 shall not extend to any claims, actions, suits, judgments or settlements of any kind based on or arising out
<br />of or in any way related to: (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change
<br />Orders, designs, plans, or specifications prepared by or on behalf of the Owner, the Architect, their consultants, and/or
<br />the agents and/or the employees of any of them, or (2) the giving of or the failure to give directions or instructions by
<br />the Owner, Architect, the Architect’s consultants and/or the agents and/or the employees of any of them.
<br />ARTICLE 4 ARCHITECT
<br />§ 4.1 General
<br />§ 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in
<br />the Agreement.
<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. Consent
<br />shall not be unreasonably withheld.
<br />§ 4.2 Administration of the Contract
<br />§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract during construction until
<br />the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the
<br />Owner only to the extent provided in the Contract Documents.
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