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agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 8.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 8.8 Unless otherwise provided in this Agreement, the Architect and the Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project premises, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 9 REIMBURSABLE EXPENSES 9.1 Reimbursable Expenses are in addition to the Architect's compensation and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified in the following Subparagraphs: .1 expense of transportation and living expenses in connection with out -of -town travel authorized by the Owner; .2 long- distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project; .4 reproductions; .5 postage and handling of documents; .6 renderings, models and mock -ups requested by the Owner; .7 expense of overtime work requiring higher than regular rates, if authorized by the Owner; .8 expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants; and 12.2 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: .9 expense of computer -aided design and drafting equipment time when used in connection with the Project. ARTICLE 10 ARCHITECT'S ACCOUNTING RECORDS 10.1 Records of Reimbursable Expenses and expenses pertaining to services performed on the basis of a Multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. • ARTICLE 11 PAYMENTS TO THE ARCHITECT 11.1 Payments on account of the Architect's services, and for Reimbursable Expenses as defined in Article 9, shall be made monthly upon presentation of the Architect's statement of services rendered or as otherwise provided in this Agreement. 11.2 An initial payment as set forth in Subparagraph 12.2.1 is the minimum payment under this Agreement. ARTICLE 12 COMPENSATION 12.1 DEFINITIONS 12.1.1 COST OF THE WORK If the Cost of the Work, as defined in Subparagraph 4.1.1, is the basis of the Architect's compensation, the cost of reused materials and equipment shall be determined as if purchased new for the Project, and shall include a reasonable allowance for overhead and profit. 12.1.2 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. AIA DOCUMENT B177 - ABBREVIATED FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES - 1990 EDITION - AIA - COPYRIGHT 1990 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292 - ASID - COPYRIGHT 1990 - THE AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C., 20002.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B177 -1990 User Document: 9717INT.DOC — 4/3/1998. AIA License Number 100329, which expires on 9/30/1998 — Page #6