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12 2.1 During the Construction Phase, the Architect will he availablefor consultation <br />with the Owner or this Owner's Representatives for purposes of clarification, <br />interpretation or modification of Construction Documents. Compensation for these <br />is included as part of Basic Services set forth in Section 12.2.1. <br />12.2.4 At the Owner's request, Architect will make site visits during Design in addition to <br />those noted in Section 12.1 for payment on an hourly basis, plus reimbursable expenses. <br />12.3 Omissions by Architect <br />Omissions by Architect in the Owner -approved Construction Documents may require <br />additions or changes to the Project and/or the Construction Documents during construction. <br />Solutions to address such omissions not governed by Section 3.3 will be negotiated with the <br />Contractor as Change Orders for approval by the Owner. The construction cost of these <br />Change Orders, whether or not components of the Contractor's original bid, shall be paid <br />by the Owner and not by the Architect. Architect's sole liability to the Owner for omissions <br />shall be to prepare Change Orders as a part of Basic Services and not as Additional <br />Services. <br />12.4 Insurance <br />The Architect agrees to maintain professional liability insurance with an insurance company <br />in good standing, insuring payment of damage for legal liability arising out of the <br />performance of professional services for the Owner, in the insured's capacity as Architect, <br />if such legal liability is caused by error, omission, or negligent act of the insured or of any <br />person of organization for whom the insured is legally liable and responsible, in the sum of <br />not less than S1,000.000 annual aggregate, on a claims -made basis, as long as such insurance <br />is reasonably available under standard policies at rates comparable to those currently in <br />effect. Such insurance cannot be cancelled until thirty, days after th Owner has received <br />written notice of the insured's intention to cancel the insurance. � t <br />12.5 Indemnification <br />To the extent permitted by law. the Architect shall indemnify and hold harmless the Owner <br />and its officials and employees from and against all claims, damages, losses, or expenses, <br />which the Owner may suffer or for which it may be held liable arising out of or resulting <br />from the assertion of any claims. debts, or obligations as a result of the alleged negligent <br />performance or lack of performance of the Architect's obligation under this agreement, <br />�. provided that the alleged negligent performance or lack of performance is solely that of the <br />Architect and no other person. <br />To the extent permitted by law, the Owner shall indemnify and hold harmless the Architect <br />,.,and its agents and employees from and against all claims, damages, losses, or expenses, <br />which the Architect tray suffer or for which it may be held liable arising out of or resulting <br />from the assertion of any claims, debts, or obligations as a result of the alleged negligent <br />performance or lack of performance of the Owner's obligation under this agreement, <br />provided that the alleged negligent performance or lack of performance is solely that of the <br />Owner and no other person. <br />rI2,uA 12 <br />