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8.13 INDEMNIFICATION
<br />8.13.1 'lb the fullest extent permitted by law and to the extent claims, damages, losses or
<br />expenses are not covered by Project Management Protective Liability insurance purchased by the
<br />Contractor in accordance with Paragraph 16.3, the Contractor shall indemnify and hold harmless
<br />the Owner, Architect, Architect's consultants and agents and employees of any of them from and
<br />against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising
<br />out of or resulting from performance of the Work, provided that such claim, damage, loss or
<br />expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
<br />tangible property (other than the Work itself), but only to the extent caused by the negligent acts
<br />or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them
<br />or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss
<br />or expense is caused in part by a party indemnified hereunder. Such obligation shall not be
<br />construed to negate, abridge, or reduce other rights or obligations of indemnity which would
<br />otherwise exist as to a party or person described in this Paragraph 8.13.
<br />8.13.2 In claims against any person or entity indemnified under this Paragraph 8.13 by an
<br />employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or
<br />anyone for whose acts they may be liable, the indemnification obligation under Subparagraph
<br />8.13.1 shall not be limited by a limitation on amount or type of damages, compensation or
<br />benefits payable by or for the Contractor or Subcontractor under workers' compensation acts,
<br />disability benefit acts or other employee benefit acts.
<br />ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
<br />9.1 The Architect will provide administration of the Contract and will be an Owner's
<br />representative (1) during construction, (2) until final payment is due and (3) with the Owner's
<br />concurrence, from time to time during the one -year period for correction of Work described in
<br />Paragraph 17.2.
<br />9.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate
<br />to the stage of the Contractor's operations (1) to become generally familiar with and to keep the
<br />Owner informed about the progress and quality of the portion of the Work completed, (21 to
<br />endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in
<br />_ general if the Work is being performed in a manner indicating that the Work, when fully
<br />completed, will be in accordance with the Contract Documents. However, the Architect will not
<br />be required to make exhaustive or continuous on -site inspections to check the quality or
<br />quantity of the Work. The Architect will neither have control over or charge of, nor be responsi-
<br />ble for, the construction means, methods, techniques, sequences or procedures, or for safety pre-
<br />cautions and programs in connection with the Work, since these are solely the Contractor's rights
<br />and responsibilities under the Contract Documents, except as provided in Subparagraph 8.2.1.
<br />9.3 The Architect will not be responsible for the Contractor's failure to perform the Work in
<br />. accordance with the requirements of the Contract Documents. The Architect will not have
<br />control over or charge of and will not be responsible for acts or omissions of the Contractor,
<br />Subcontractors, or their agents or employees, or any other persons or entities performing portions
<br />of the Work.
<br />9.4 based on the Architect's evaluations of the Work and of the Contractor's Applications for
<br />Payment, the Architect will review and certify the amounts due the Contractor and will issue
<br />Certificates for Payment in such amounts.
<br />9.5 The Architect will have authority to reject Work that does not conform to the Contract
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<br />©1997 AIAOO
<br />AIA DOCUMENT A107 -1997
<br />ABBREVIATED OWNER -
<br />CONTRACTOR AGREEMENT
<br />The American Institute
<br />of Architects
<br />1735 New York Avenue, N.W.
<br />Washington, D.C. 20006 -5292
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