init.
ali such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or
consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
form at the Project site.
§ 10.7 Subject to the Owner’s written prior approval, which shall not be unreasonably withheld, the Architect shall
have the right to include photographic or artistic representations of the design of the Project among the Architect’s
promotional and professional materials. The Architect shall be given reasonable access to the completed Project to
’ make such representations. However, the Architect’s materials shall not include the Qwner’s confidential or
proprietary information 1f the Owner has previously advised the Architect in writing of the specific information
considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the
Architect in the Owner’s promotional materials for the Project.
§ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"business proprietary,” the receiving party shall, to the extent permitted by law, keep such information strictly
confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the
content of such information in order to perform services or construction solely and exclusively for the Project, or (3)
its consultants and contractors whose contracts include similar restrictions on the use of confidential information.
§ 10.9 Upon request, the Architect shall provide the Owner with copies of all documents, in their original form, in
the Architect’s possession that regard the Project.
§ 10.10 Owner does not waive any prior or subsequent breach of the terms of this Agreement by making payments
on the Agreement, by failing to terminate the Agreement for lack of performance, or by failing to strictly or
promptly insist upon any term of the Agreement. Any waiver must be in writing signed by the City.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:
(fusert amount of, or basis for, compensation.)
$ 112,500 (One Hundred Twelve Thousand Five Hundred Dollars)
§ 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows:
(Gnsert amount of, or basis for, compensation. if necessary, list specific services to which particular methods of
compensation apply.)
Hourly. (See attached Rate Sheet)
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Ovmer shall compensate the Architect as follows:
(insert amount of, or basis for, compensation.)
Hourly. (See attached Rate Sheet)
§ 11.4 Compensation for Additional Services of the Architect’s consultants when not included in Sections 11.2 or
11,3, shall be the amount invoiced to the Architect plus Fifteen percent( 15 %), or as otherwise stated below:
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