Common use of MISCELLANEOUS TERMS & CONDITIONS Clause in Contracts

MISCELLANEOUS TERMS & CONDITIONS. 9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. No action involving this agreement may be brought except in the district and federal courts located in Washoe County, Nevada. 9.2 Terms and conditions in this Agreement shall have the same meaning as those in current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement, as of the date of this Agreement, unless otherwise modified by 9.3 Unless otherwise modified by written amendment, agreed to, and fully modified agreed to between the Owner and Architect, the Owner and Architect waive all rights against each other, the GC, and against subconsultants, agents, and employees of the other for damages, but only to the extent covered by insurance required for the Project and as set forth in the current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement. 9.3.1 The Owner and Architect each shall require similar waivers from the GC, subconsultants, agents and/or employees of the other. 9.4 Except as specifically provided for in this Agreement, the Architect and Owner waive consequential (special) damages for claims, disputes, and/or other legal matters in question arising out of and/or relating to this Agreement. 9.4.1 Consequential (special) damages include, but are not limited to: damages related to third-party claims; attorneys’ fees; loss of profit; loss of use; loss of goodwill; loss of business, income, and/or reputation; and/or any other consequential (special) damages that either party may have incurred from any cause of action including negligence, strict liability, breach of agreement, and breach of strict and/or implied warranty. 9.5 The Owner and Architect, respectively bind themselves, their partners, successors, assignees, and legal representatives to the other party to this Agreement and to the partners, successors, assignees, and legal representatives of each other with respect to all covenants of this Agreement. 9.5.1 Neither Owner nor Architect shall assign this Agreement without the written, agreed to, and fully executed consent of the other. 9.6 This Agreement represents the entire and integrated Agreement between the Owner and Architect and supersedes all prior negotiations, representations, and/or agreements, either written and/or oral between the Owner and Architect. 9.7 This Agreement may be modified only by written amendment, agreed to, and fully executed by the Owner and Architect. 9.8 Nothing contained in this Agreement shall create a contractual relationship with and/or a cause of action in favor of a third-party against either the Owner and/or Architect. 9.9 The Architect shall not specify and/or approve for use in the Project, any materials containing asbestos, asbestos products, polychlorinated biphenyl (PCP), and/or other toxic, hazardous substances. 9.9.1 If the Architect discovers that such substances as described herein have been used and/or do exist in the Project, the Architect shall promptly notify the Owner in writing. 9.9.2 When asbestos-containing materials, polychlorinated biphenyl (PCP), and/or other toxic, hazardous substances are suspected and/or found in the course of the Project, the Owner shall immediately provide the services of an appropriately qualified expert consultant to determine the proper course of action. 9.10 The Architect must acquire prior written approval of the Owner to include representations of the design of the Project, including, but not limited to photographs of the exterior and interior, among the Architect’s promotional and materials. 9.11 The Architect’s materials shall not include the Owner’s confidential and/or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential and/or proprietary. 9.12 The Architect shall be responsible for construction signage, which includes the design, text, and colors designated by the Architect. The sign is to measure 4 feet by 8 feet, in the format directed by the Owner. At a minimum the sign shall include the Project name, the Architect name, the GC and any major subconsultants. 9.13 It shall be the duty of the Architect throughout the term of the Agreement, as part of the Basic Services, to make a prompt written record of all meetings, conferences, discussions and decisions made between and/or among the Owner, Architect and GC during all phases of the Project and concerning any material condition in the requirements, scope, performance, and/or sequence of the work, and to provide promptly a copy of such record to the Owner and the GC.

MISCELLANEOUS TERMS & CONDITIONS. 9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. No action involving this agreement may be brought except in the district and federal courts located in Washoe County, Nevada. 9.2 Terms and conditions in this Agreement shall have the same meaning as those in current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement, as of the date of this Agreement, unless otherwise modified byby Date: 02/11/2021, Rev. C PUR-F310 Page 20of25 written amendment, agreed to, and fully modified agreed to between the Owner and Architect. 9.3 Unless otherwise modified by written wi·itten amendment, agreed to, and fully modified agreed to between the Owner and Architect, the Owner and Architect waive all rights against each other, the GC, and against subconsultants, agents, and employees of the other for damages, but only to the extent covered by insurance required for the Project and as set forth in the current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement. 9.3.1 The Owner and Architect each shall require similar waivers from the GC, subconsultants, agents and/or employees of the other. 9.4 Except as specifically provided for in this Agreement, the Architect and Owner waive consequential (special) damages for claims, disputes, and/or other legal matters in question arising out of and/or :relating to this Agreement. 9.4.1 Consequential (special) damages include, but are not limited to: damages related to third-party claims; attorneys’ ' fees; loss of profit; loss of use; loss of goodwill; loss of business, income, and/or reputation; and/or any other consequential (special) damages that either party may have incurred from any cause of action including negligence, strict liability, breach of agreement, and breach of strict and/or implied warranty. 9.5 The Owner and Architect, :respectively bind themselves, their partners, successors, assignees, and legal representatives to the other party to this Agreement and to the partners, successors, assignees, and legal representatives of each other with :respect to all covenants of this Agreement. 9.5.1 Neither Owner nor Architect shall assign this Agreement without the written, agreed to, and fully executed consent of the other. 9.6 This Agreement :represents the entire and integrated Agreement between the Owner and Architect and supersedes all prior negotiations, representations, and/or agreements, either written and/or oral between the Owner and Architect. 9.7 This Agreement may be modified only by written amendment, agreed to, and fully executed by the Owner and Architect. 9.8 Nothing contained in this Agreement shall create a contractual relationship with and/or a cause of action in favor of a third-party against either the Owner and/or Architect. 9.9 The Architect shall not specify and/or approve for use in the Project, any materials containing asbestos, asbestos products, polychlorinated biphenyl (PCP), and/or other toxic, hazardous substances. 9.9.1 If the Architect Al.·chitect discovers that such substances as described herein have been used and/or do exist in the Project, the Architect shall promptly notify the Owner in writing. 9.9.2 When asbestos-containing materials, polychlorinated biphenyl (PCP), and/or other toxic, hazardous substances are suspected and/or found in the course of the Project, the Owner shall immediately provide the services of an appropriately qualified expert consultant to determine the proper course of action. 9.10 The Architect must acquire prior written approval of the Owner to include representations of the design of the Project, including, but not limited to photographs of the exterior and interior, among the Architect’s 's promotional and materials. 9.11 The Architect’s 's materials shall not include the Owner’s 's confidential and/or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential and/or proprietary. 9.12 The Architect shall be responsible for construction signage, which includes the design, text, and colors designated by the Architect.Al.·chitect. The sign is to measure 4 feet by 8 feet, in the format directed by the Owner. At a minimum the sign shall include the Project name, the Architect name, the GC and any major subconsultants. 9.13 It shall be the duty of the Architect throughout the term of the Agreement, as part of the Basic Services, to make a prompt written record of all meetings, conferences, discussions and decisions made between and/or among the Owner, Architect and GC during all phases of the Project and concerning any material condition in the requirements, scope, performance, and/or sequence of the work, and to provide promptly a copy of such record to the Owner and the GC.

MISCELLANEOUS TERMS & CONDITIONS. 9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. No action involving this agreement may be brought except in the district and federal courts located in Washoe County, Nevada. 9.2 Terms and conditions in this Agreement shall have the same meaning as those in current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement, as of the date of this Agreement, unless otherwise modified byby written amendment, agreed to, and fully executed by the authorized representatives of the Owner and the Architect. 9.3 Unless otherwise modified by written amendment, agreed to, and fully modified agreed to between executed by the authorized representatives of the Owner and the Architect, the Owner and Architect waive all rights against each other, the GCCMAR, and against subconsultants, agents, and employees of the other for damages, but only to the extent covered by insurance required for the Project and as set forth in the current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement. 9.3.1 The Owner and Architect each shall require similar waivers from the GCCMAR, subconsultants, agents and/or employees of the other. 9.4 Except as specifically provided for in this Agreement, the Architect and Owner waive consequential (special) damages for claims, disputes, and/or other legal matters in question arising out of and/or relating to this Agreement. 9.4.1 Consequential (special) damages include, but are not limited to: damages related to third-party claims; attorneys’ fees; loss of profit; loss of use; loss of goodwill; loss of business, income, and/or reputation; and/or any other consequential (special) damages that either party may have incurred from any cause of action including negligence, strict liability, breach of agreement, and breach of strict and/or implied warranty. 9.5 The Owner and Architect, respectively bind themselves, their partners, successors, assignees, and legal representatives to the other party to this Agreement and to the partners, successors, assignees, and legal representatives of each other with respect to all covenants of this Agreement. 9.5.1 Neither Owner nor Architect shall assign this Agreement without the written, agreed to, and fully executed consent of the other. 9.6 This Agreement represents the entire and integrated Agreement between the Owner and Architect and supersedes all prior negotiations, representations, and/or agreements, either written and/or oral between the Owner and Architect. 9.7 This Agreement may be modified only by written amendment, agreed to, and fully executed by the authorized representatives of the Owner and the Architect. 9.8 Nothing contained in this Agreement shall create a contractual relationship with and/or a cause of action in favor of a third-party against either the Owner and/or Architect. 9.9 The Architect shall not specify and/or approve for use in the Project, any materials containing asbestos, asbestos products, polychlorinated biphenyl (PCP), and/or other toxic, hazardous substances. 9.9.1 If the Architect discovers that such substances as described herein have been used and/or do exist in the Project, the Architect shall promptly notify the Owner in writing. 9.9.2 When asbestos-containing materials, polychlorinated biphenyl (PCP), and/or other toxic, hazardous substances are suspected and/or found in the course of the Project, the Owner shall immediately provide the services of an appropriately qualified expert consultant to determine the proper course of action. 9.10 The Architect must acquire prior written approval of the Owner to include representations of the design of the Project, including, but not limited to photographs of the exterior and interior, among the Architect’s promotional and materials. 9.11 The Architect’s materials shall not include the Owner’s confidential and/or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential and/or proprietary. 9.12 The Architect shall be responsible for construction signage, which includes shall include the design, text, and colors designated by the Architect. The sign is to measure 4 feet by 8 feet, in the format directed by the Owner. At a minimum minimum, the sign shall include the Project name, the Architect name, the GC CMAR and any major subconsultants. The construction signage shall be installed by the CMAR. 9.13 It shall be the duty of the Architect throughout the term of the Agreement, as part of the Basic Services, to make a prompt written record of all meetings, conferences, discussions and decisions made between and/or among the Owner, Architect and GC XXXX during all phases of the Project and concerning any material condition in the requirements, scope, performance, and/or sequence of the work, and to provide promptly a copy of such record to the Owner and the GCXXXX.

MISCELLANEOUS TERMS & CONDITIONS. 9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. No action involving this agreement may be brought except in the district and federal courts located in Washoe County, Nevada. 9.2 Terms and conditions in this Agreement shall have the same meaning as those in current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement, as of the date of this Agreement, unless otherwise modified byas 9.3 Unless otherwise modified by written amendment, agreed to, and fully modified agreed to between the Owner and Architect, the Owner and Architect waive all rights against each other, the GC, and against subconsultants, agents, and employees of the other for damages, but only to the extent covered by insurance required for the Project and as set forth in the current edition of the AIA Document A201, General Conditions of the Contract for Construction, as of the date of this Agreement. 9.3.1 The Owner and Architect each shall require similar waivers from the GC, subconsultants, agents and/or employees of the other. 9.4 Except as specifically provided for in this Agreement, the Architect and Owner waive consequential (special) damages for claims, disputes, and/or other legal matters in question arising out of and/or relating to this Agreement. 9.4.1 Consequential (special) damages include, include but are not limited to: damages related to third-party claims; attorneys’ fees; loss of profit; loss of use; loss of goodwill; loss of business, income, and/or reputation; and/or any other consequential (special) damages that either party may have incurred from any cause of action including negligence, strict liability, breach of agreement, and breach of strict and/or implied warranty. 9.5 The Owner and Architect, respectively bind themselves, their partners, successors, assignees, and legal representatives to the other party to this Agreement and to the partners, successors, assignees, and legal representatives of each other with respect to all covenants of this Agreement. 9.5.1 Neither Owner nor Architect shall assign this Agreement without the written, agreed to, and fully executed consent of the other. 9.6 This Agreement represents the entire and integrated Agreement between the Owner and Architect and supersedes all prior negotiations, representations, and/or agreements, either written and/or oral between the Owner and Architect. 9.7 This Agreement may be modified only by written amendment, agreed to, and fully executed by the Owner and Architect. 9.8 Nothing contained in this Agreement shall create a contractual relationship with and/or a cause of action in favor of a third-party against either the Owner and/or Architect. 9.9 The Architect shall not specify and/or approve for use in the Project, any materials containing asbestos, asbestos products, polychlorinated biphenyl (PCP), and/or other toxic, hazardous substances. 9.9.1 If the Architect discovers that such substances as described herein have been used and/or do exist in the Project, the Architect shall promptly notify the Owner in writing. 9.9.2 When asbestos-containing materials, polychlorinated biphenyl (PCP), and/or other toxic, hazardous substances are suspected and/or found in the course of the Project, the Owner shall immediately provide the services of an appropriately qualified expert consultant to determine the proper course of action. 9.10 The Architect must acquire prior written approval of the Owner to include representations of the design of the Project, including, but not limited to photographs of the exterior and interior, among the Architect’s promotional and materials. 9.11 The Architect’s materials shall not include the Owner’s confidential and/or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential and/or proprietary. 9.12 The Architect shall be responsible for construction signage, which includes the design, text, and colors designated by the Architect. The sign is to measure 4 feet by 8 feet, in the format directed by the Owner. At a minimum the sign shall include the Project name, the Architect name, the GC and any major subconsultants. 9.13 It shall be the duty of the Architect throughout the term of the Agreement, as part of the Basic Services, to make a prompt written record of all meetings, conferences, discussions and decisions made between and/or among the Owner, Architect and GC during all phases of the Project and concerning any material condition in the requirements, scope, performance, and/or sequence of the work, and to provide promptly a copy of such record to the Owner and the GC.