|
AIA Document A201- - 2017
<br />General Conditions of the Contract for Construction
<br />§ 3.17 Royalties, Patents and Copyrights
<br />The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of
<br />copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be
<br />responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is
<br />required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other
<br />documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or
<br />made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished
<br />to the 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, Architect,
<br />Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses,
<br />including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such
<br />claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
<br />tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the
<br />Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable,
<br />regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such
<br />obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise
<br />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, a
<br />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, disability
<br />benefit acts, or other employee benefit acts.
<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 the
<br />Agreement.
<br />§ 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be
<br />restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be
<br />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 Documents and will be an
<br />Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect
<br />will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.
<br />§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the
<br />Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in
<br />general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in
<br />accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -
<br />site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or
<br />responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and
<br />AIA Document A20191 - 2017. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1.
<br />and 2017 by The American Institute of Architects, All rights reserved, WARNING: This AIA° Document is protected by U.S. Copyright
<br />Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result
<br />— severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Law, This draft was
<br />orodu ced by AT_A software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
<br />User Notes: (3B9ADA17)
<br />
|