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4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been
<br />made to fulfill the Owner's obligations under this Agreement.
<br />4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to
<br />the Project. The Owner or such authorized representative shall render decisions in a timely manner
<br />pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and
<br />sequential progress of the Architect's services.
<br />4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility
<br />locations for the site of the Project, and a written legal description of the site. The surveys and legal
<br />information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining
<br />property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments,
<br />zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data
<br />pertaining to existing buildings, other improvements and trees; and information concerning available utility
<br />services and lines, both public and private, above and below grade, including inverts and depths. All the
<br />information on the survey shall be referenced to a Project benchmark.
<br />4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested
<br />by the Architect. Such services may include but are not limited to test borings, test pits, determinations of
<br />soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity
<br />tests, including necessary operations for anticipating subsoil conditions including water conditions with
<br />reports and appropriate professional recommendations.
<br />4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably
<br />required by the scope of the Project and are requested by the Architect.
<br />4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests for hazardous
<br />materials, and other laboratory and environmental tests, inspections and reports as required by law or the
<br />Contract Documents.
<br />4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be
<br />necessary at any time for the Project, including auditing services the Owner may require to verify the
<br />Contractor's Application for Payment or to ascertain how or for what purposes the Contractor has used the
<br />money paid by or on behalf of the Owner.
<br />4.9 The services, information, surveys and reports required by Article 4 shall be furnished at the Owner's
<br />expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof.
<br />4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of
<br />any fault or defect in the Project or nonconformance with the Contract Documents.
<br />4.11 The proposed language of certificates or certifications requested of the
<br />Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14
<br />days prior to execution. The Owner shall not request certifications that would require knowledge or
<br />services beyond the scope of this Agreement.
<br />4.12 Notwithstanding any term or condition whatsoever of this Agreement to the contrary, it is understood
<br />and agreed that Architect has no expertise with regard to asbestos and shall have no responsibility
<br />whatsoever for or control over the detection, removal or disposal of asbestos. Architect shall have no
<br />responsibility or control over the selection or retention of any expert, consultant, contractor or sub-
<br />contractor engaged in the detection, removal or disposal of asbestos, nor shall Architect be responsible in
<br />any manner to anyone for the acts or omissions of any person or entity arising from the detection, removal
<br />or disposal of asbestos. Owner shall, at Owner's expense, defend, indemnify and hold Architect harmless
<br />from and against any and all injuries, losses, liabilities, damages, or claims therefore asserted against
<br />Architect arising out of, connected with, or relating directly or indirectly to the detection, removal or
<br />disposal of asbestos from the Project site. Such indemnity shall include without limitation, costs, expenses
<br />and attorney's fees which Architect may at any time sustain or incur by reason of any of the foregoing.
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