Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission,
and exchange of digital data.
§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols
governing the use of, and reliance on, the information contained in the model and without having those protocols set
forth in AIA Document E203™ 2013, Building Information Modeling and Digital Data Exhibit, and the requisite
AIA Document G202™—2013, Project Building Information Modeling Protocol Form, shall be at the using or
relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or
contributors to, the building information model, and each of their agents and employees.
ARTICLE 2 ARCHITECT’S RESPONSIBILITIES
§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it
is properly licensed in the jurisdiction where the Project is located to provide the services required by this
Agreement, or shall cause such services to be performed by appropriately licensed design professionals.
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project.
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 2.4 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 The Architect shall maintain the following insurance until termination of this Agreement.
Comprehensive or Commercial General Liability insurance which shall include contractual, XCU, products and
completed operations liability coverages. Bodily injury and property damage with combined single limits of not less
than $1,000,000 per occurrence; and if written on an aggregate basis, $2,000,000 aggregate limit — include per
project aggregate endorsement. The Owner must be named as an additional insured;
* Commercial Automobile Liability insurance endorsed for “any auto” with combined single limits of
liability of not less than $1,000,000 each occurrence. The Owner must be named as an additional insured;
# And Workers’ Compensation insurance in compliance with the State of New Hampshire statutes,
$100,000/$500,000/$ 100,000.
None of the requirements as to types and limits to be maintained by Architect are intended to and shall not in any
manner limit or qualify the liabilities and obligations assumed by Architect under this contract. The Owner shall not
maintain any insurance on behalf of Architect. Subcontractors are subject to the same insurance requirements as
Architect and it shall be the Architect’s responsibility to ensure compliance of this requirement.
The parties agree that Architect shall have the status of and shall perform all work under this contract as an
independent contractor, maintaining control over all its consultants, sub consultants, contractors, or subcontractors.
The only contractual relationship created by this contract is between the Owner and Architect, and nothing in this
contract shall create any contractual relationship between the Owner and Architect’s consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Architect is not the Owner’s employee and that there shall
be no:
(1) Withholding of income taxes by the Owner:
Error! Unknown document property name. (1098199393)
