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Owner: <br />Architect: ? <br />12.1 RISK ALLOCATION <br />12.1.1 The Owner and Architect have discussed their risks, rewards, and benefits of the Project <br />and the Architect's total fee for services. The risks have been allocated such that the <br />Owner agrees that, to the fullest extent pernutted by law, Architect's total liability to <br />Owner for any and all injuries, claims, losses, expenses, damages, or claim expenses <br />arising out of this Agreement &om any cause or causes shall not exceed the total amount <br />of $ 85,087.. Such causes include, but are not limited to, Architect's negligence, errors, <br />omissions, strict liability, breach of contract or breach of warranty. <br />12.2 AMERICANS WITH DlSABILITIES ACT <br />12.2.1 The Architect agrees to put forth its best professional efforts to interpret ADA. <br />requirements and to design the project in compliance with Title 3 of the Americans with <br />Disabilities Act. Because the interpretarion of ADA is a legal issue and not a design <br />issue, no warranty or guaranty is inferred or provided. The Owner, furthermore, agrees to <br />indemnify and defend the Architect against any claim arising from the Architect's alleged <br />failure to meet ADA requirements, uniess Architect is found negligent. <br />12.3 MEASURED DRAWINGS <br />12.3.1 Existing drawings for the Springvale Clubhouse and Balkoom are either not available or <br />inadequate. Architect wilI measure reasonably accessible exposed elements of portions of <br />the building in sufficient detail for the lunited purpose of documenting the general plan <br />configuration of the building. The prepararion of these drawings is specifically limited by <br />the provisions of Paragraph 1.6. <br />END OF ARTICLE 12 <br />6151Art12 - Rev. 4/24/99 6151-1997 - Page - 21 - <br />f:lprojects\1520 - springvale country club1b151art12.doc