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Owner: Architect: ARTlCLE 12 OTHER CONDITIONS OR SERVICES ARTICLE 1 ARCHITECT'S RESPONSIBlLITIES 1.5 PERFORMANCE 1.5.1 It is understood and agreed that the nature of the design process is such that the plans, specifications and other documentation prepared by the Architect under this Agreement may likely contain errors, omissions, conflicts, and ambiguiries requiring clarification and/or conection during construction. Not only is the producrion of perfect documents unlikely, but some design decisions axe more efficiently deferred, for the benefit of the Owner, to a point during construction at which time they can be made in light of a clear understanding of actual field conditions. 1.5.2 It is further understood and agreed that the extent to which errors, omissions, conflicts, ambiguities, and design uncertainties might reasonably be expected to impact the construction schedule and cost depends upon unknown and unforeseeable conditions and cannot be ascertained in advance. 1.5.3 Accordingly, the Owner and the Architect agree to fix a sum within which the Owner shall not look to the Architect for either responsibility or compensation for costs which might be attributable to enors, omissions, conflicts, or ambiguities in the design. For purposes of ttus project, that limit shall be fixed at 5% of the Consiruction Cost. Costs incurred by the Owner in excess of this amount shall be compensable by the Architect, but only to the extent caused by a negligent act, error, or omission in the performance of services under this Agreement; provided such costs shall not include any improvement costs or betterment costs and shall not exceed the difference between (1) the acmal construction costs resulting from such negligent acts, errors, or omissions of the Architect and (2) an estimate of what such costs would have been at the time of signing of the construction contract. 1.6 REMODELING, REHABILITATION, RENOVATION OR RESTORATION 1.6.1 The Architect's services shall be provided to assist the Owner in making changes to an existing facility for which the Owner shall fumish documentation and information upon which the Architect may reIy for its accuracy and completeness. In the course of using Owner-furnished documentation and information, and based upon general observations of the existing conditions, it may be necessary for the Architect to make certain assumptions,regarding existing conditions because the assumptions may not be verified without incurring additional costs. Unless specifically authorized or confirmed in writing by the Owner, the Architect shall not be required to perform or to have others perfonn destructive testing or to investigate concealed or unknown conditions. In the event documentation or inf'ormation furnished by the Owner or an assumption made by the Architect is inaccurate or incomplete, all resulting damages, losses and expenses, including the cost of the Architect's Additional Services, shall be borne by the Owner. 1.6.2 The Owner shall indemnify and hold harmless the Architect, the Architect's consultants, and agents and employees of any of them from and against claims, damages, awards, losses and expenses, inciuding but not limited to attorneys' fees, which arise as a result of documentation or information furnished by the Owner, or assumptions regarding the e;cisting conditions. B151Art12 - Rev. 4/24/99 6151-1997 - Page - 19 - f:\projects\1520 - springvale country ciub1b151art12.doc