The Architect will provide additional Professional Services only upon written approval by the Owner. The Architect shall have the right to include representations of the design of the project, including photographs of the exterior and interior, among the Architects promotional and professional materials.

The Architect shall be deemed the author of drawings that are the subject of this agreement and he shall retain all statutory and other reserved rights including the copyright.

This Agreement may be terminated by either party upon not less than seven (7) days’ written notice, should the other party substantially fail to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. The Architect shall be entitled for compensation for services provided prior to date of termination.

This letter and the terms herein are the Agreement for our Services and your signature of Approval returned to the above address will serve as my Notice to Proceed with the Services described above.

Client agrees not to use or permit any other person to use plans, specifications, drawings, cost estimates, reports or other documents prepared by Architect which plans, specifications, drawings, cost estimates, reports or other documents are not final and which are not signed and stamped or sealed by Architect. Clients shall be responsible for any such use of non-final plans, specification, drawings, cost estimates, reports or other documents not signed and stamped or sealed by Architect. Client hereby waives any claim for liability against Architect for such use. Client further agrees that final plans, specifications, drawings, cost estimates, reports or other documents are for the exclusive use of Client and may be used by Client only for the Project. Such final plans, specifications, drawings, cost estimates, reports and other documents may not be changed or used on a different project without written authorization or approval by Architect.

Architect’s scope of services does not include construction-phase services for this project, Client acknowledges such construction-phase services will be provided by Client or by others and Client assumes all responsibility for interpretation of the contract documents and for construction observation and supervision and waives any claim against Architect that may in any way be connected thereto. In addition, Client agrees to indemnity and hold Architect harmless from any loss, claim, or costs, including responsible attorneys’ fees and costs of defense, arising or resulting from the performance of such services by modification, clarification, interpretation, adjustments or changes made to the contract documents to reflect changed field or other conditions, except for claims arising from the sole negligence or willful misconduct of Architect.

Within 14 days of the Client termination of the Architect, the termination of the project or the suspension of the project, Client shall pay Architect all fees and costs due and owing to Architect.

Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services, in accordance with Architect’s billing rates utilized for this contract.

Client acknowledges that Architect is not responsible for the performance of work by third parties including, but not limited to, the construction contractor and its subcontractors.

Architect makes no warranty, either express or implied, as to its findings, recommendations, plan specifications, or professional advice except that the services were performed pursuant to generally accepted standards of professional practice in effect at the time of performance.

This agreement and the performance of the parties’ obligations hereunder are for the sole and exclusive benefit of the parties. With exceptions of the parties, which shall have full rights to enforce the provisions of this agreement, no person or entity who is not a signatory to this agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, an no such person or entity shall result of their performance or nonperformance of their respective obligations under this agreement.

In the event Client agrees to, authorizes, or permits changes in the plans, specifications, or documents prepared by Architect without Architect’s written consent, Client acknowledges that the unauthorized changes and their effects are not the responsibility of the Architect and the Client agrees to release Architect from all liability arising from the use of such changes, and further agrees to defend, indemnify and hold harmless Architect, its officers, directors, agents and employees from and against all claims, demands, damages or costs, including attorneys’ fees and expert costs, arising form the unauthorized changes.

Client agrees to limit the liability of Architect, its principals and employees and to Client and to all contractors, subcontractors, or any third parties on the project, for any claim or action arising in tort, contract, or strict liability, to the sum of $20,000 or Architect’s fees, whichever is greater. Client and Architect acknowledge that this provision was expressly negotiated and agreed upon.

In the event of any litigation arising from or related to the services provided under this agreement, the prevailing party will be entitled to recovery of all responsible costs incurred, including staff time, court costs, attorneys’ fees, expert fees and other related fees.

Client agrees to the fullest extend permitted by law, to defend, indemnify and hold Architect harmless from all claims, costs, losses, causes of actions, judgments, including attorneys’ fees and liability of any nature which arises out of or is in any way connected with the design and construction of the project. Client’s indemnity and hold harmless obligations shall apply to any acts, omissions, or other fault by any party or entity, except that this indemnity obligation shall not require Client to indemnify Architect against claims caused by Architect’s sole negligence or willful misconduct.

In the event any portion of this agreement is adjudged by a court of competent jurisdiction to be unenforceable, it is the express intent of Client and Architect that all other clauses contained in this agreement shall remain in full force and effect.

Client and Architect agree to waive all claims against each other for any consequential damages that may arise out of or related to this agreement. Client agrees to waive damages including but not limited to Client’s loss of use of the project, any rental expenses incurred, loss of income, profit or financing, principal office overhead and expenses, loss of profits not related to this project, or loss of reputation. The provisions of this Article shall also apply to the termination of this agreement and shall survive such termination.

IN WITNESS WHEREOF, the parties hereby execute this agreement upon the terms and conditions stated above.

This letter and the terms herein are the agreement for our services and your signature of approval returned to the above address will serve as my Notice to Proceed with the services described above.

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