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3 <br /> 12.2.3 During the Construction Phase, the Architect will be availablefor consultation <br /> with the Owner or the 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 /> )1( 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 $1,000,000 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. tf <br /> 12.5 Indemnification <br /> To the extent permitted by law, the Architect shall indemnify and hold harmless the Owner <br /> an. 1 o-:cia s an. emp oyees rom . , . . i ._- , . - , . - .- I - , <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 /> )1 .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 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 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 /> gen/AW 12 <br />