Init.
§ 2.4 The Architect’s representative identified in Section 1.1.11 above shall be authorized to act on behalf of the
Architect with respect to the Project. The Architect shall not change the designated representative without the
Owner’s written consent, which such consent the Owner shall not unreasonably withhold.
§ 2.4.1 The Architect shail not change its Consultants identified in Section 1.1.12 above without the Owner’s written
consent, which such consent the Owner shall not unreasonably withhold.
§ 2.5 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect’s professional
judgment with respect to this Project.
§ 2.5 Insurance. The Architect shall maintain the following insurance for the duration of this Agreement.
§ 2.6.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000 ) for
each occurrence and Two Million Dollars ($ $2,000,000 ) in the aggregate for bodily injury and property
damage.
§ 2.6.2 Automobile Liability covering vehicles owned by the Architect and non-owned vehicles used by the
Architect with policy limits of not less than One Million Dollars ($ 1,000,000 ) per claim and One Million
Dollars ($ 1,000,000 ) in the aggregate for bodily injury and property damage along with any other statutorily
required automobile coverage.
§ 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and
Automobile Liability through a combination of primary and excess liability insurance, provided such primary and
excess insurance policies result in the same or greater coverage as those required under Sections 2.6.1 and 2.6.2.
§ 2.6.4 Workers’ Compensation at statutory limits and Employers Liability with policy limits of not less than One
Millon Dollars ($ 1,000,000 ).
§ 2.6.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional
services, with policy limits of not less than Two Million Dollars ($ 2,000,000 ) per claim and Two Million
Dollars ($ 2,000,000 ) in the aggregate.
§ 2.6.6 The Owner shall be an additional insured on the Architect’s primary and excess insurance policies for
Commercial General Liability and Automobile Liability. The additional insured coverage shall be primary and
non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both
ongoing operations and completed operations.
§ 2.6.7 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the
requirements in this Section 2.6. The certificates will show the Owner as additional insureds on the Commercial
General Liability, Automobile Liability, and any excess policies.
§ 2.6.8 None of the insurance requirements as to the types and limits to be maintained by the Architect are intended
to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Architect under this
contract. The Owner shall not maintain any insurance on behalf of the Architect. Subcontractors of the Architect
are subject to the same insurance requirements as the Architect and it shall be the Architect’s responsibility to ensure
compliance of this requirement.
§ 2.7 Third Party Indemnification. Without limitation and notwithstanding any provisions in this Agreement, the
Architect shall indemnify and hold harmless the Indemnitees for and against claims, damages, losses and expenses
(including reasonable attorneys’ fees) asserted by a third party against the Indemnitee arising out of or resulting
from negligent acts or omissions of the Architect, a consultant, anyone directly employed by them, or anyone for
whose acts they may be liable. The Architect shall not be required to indemnify an Indemnitee to the extent
Indemnitee’s damages result from the Indemnitee’s own negligence. Such obligation shall not be construed to
negate, abridge, or reduce any other rights, including any obligations of indemnity, which would otherwise exist as
to a party or person described in this Section 2.7. As used in this paragraph, “Indemnitee" means the City of
Nashua, its officers, agents and employees.
AIA Document B133™ — 2014, Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected
by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
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