§ 1.2 The Owner and Architect may rely oil the Initial Information. Both parties, however, recognize that the Initial
<br />Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
<br />Architect's services, schedule for the Architect's services, and tile Architect's compensation. The Owner shall adjust
<br />the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as
<br />necessary, to accommodate material changes in the Initial Information,
<br />§ 13 The parties shall agree upon protocols governing the transmission and Use Of Instruments of Service or any
<br />other information or documentation in digital form. The parties will use AIA Document E203TIL-2013, Building
<br />Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission,
<br />and exchange of digital data.
<br />§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model Without agreement to protocols
<br />governing the use of, and reliance on, the information contained in the model and without having those protocols set
<br />forth in AIA Document E203T11-2013, Building Information Modeling and Digital Data Exhibit, and the requisite
<br />AIA Document (3202"11-20 t3, Project Building Information Modeling Protocol Form, shall be at the using or
<br />relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or
<br />contributors to, the building information model, and each of their agents and employees.
<br />ARTICLE 2 ARCHITECT'S RESPONSIBUTIES
<br />§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it
<br />is properly licensed in the jurisdiction where the Project is located to provide the services required by this
<br />Agreement, or shall cause such services to be performed by appropriately licensed design professionals.
<br />§ 2.2 The Architect shall perform its set -vices consistent with the professional skill and care ordinarily provided by
<br />architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
<br />perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
<br />tile Project.
<br />§ 23 The Architect shall identify a representative authorized to act oil behalf of the Architect with respect to the
<br />Project.
<br />§ 2A Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any
<br />employment, interest or contribution that would reasonably appear to compromise the Architect's professional
<br />judgment with respect to this Project.
<br />§ 2.5 The Architect shall maintain tile following insurance until termination of this Agreement, If any of the
<br />requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner
<br />shall pay the Architect as set forth in Section 11.9.
<br />§ 2.5.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000.00 ) for
<br />each crecurrence and Two Million Dollars ($ 2,000,0K00 ) in the aggregate for bodily injury and property damage.
<br />§ 2.5,.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy
<br />limits of not less than One Million Dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and
<br />property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other
<br />statutorily required automobile coverage.
<br />§ 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and
<br />Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such
<br />primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages
<br />required tinder Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide
<br />narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying
<br />limits only through the actual payment by the underlying insurers.
<br />§ 2.5.4 Workers' Compensation at statutory limits.
<br />§ 2.6.5 Employers' Liability with policy limits not less than Five Hundred Thousand Dollars ($ 500,000.00 ) each
<br />AIA Document BIOJT"— 2017. Copyright 0 1974,1978, 1987, 1997, 2007 and 2017 b,y The Amedcan Institute of Architects. All rights reserved. WARNING:
<br />Init. TMs MAII Ipoturnernrt is pmteded by k IS CopVrlght taw and I nternaOonal, rreatle& il.lnauthoKzed reprudtxtion oirdIstrlbuklun of ths, AM"' IDorunnent,
<br />,r 6
<br />or an,� porbon of it, may result IR severe divil anlrW d crinipenarfies, onrl MR be prosecuted to t1lip inxh animn extent pw&WbW under U0 law. This
<br />document was produced by AIA software at 12:50:45 on 0111612018 under Order No. 2731703659 which expires on 01116/2019, and is not for resale,
<br />User Notes: (3139AIDA1C)
<br />
|