and substitute the following. 8.1.3 Notwithstanding any other provision of this Agreement (including Sections 2.6 and 2.7), but subject to a duty of good faith and fair dealing, the Architect and Owner waive claims against each other for listed damages arising out of or relating to this Agreement. Listed Damages are (1) damages incurred by the Owner for rental expenses, for losses of use of the Work, except to the extent such losses are covered by insurance or occur after acceptance of the certificate of substantial completion, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons, and for attorney's fees, insurance and interest (excluding post-judgment); and, (2) damages incurred by the Architect for principal office expenses and overhead, including, but not limited to, the compensation of personnel stationed there, rent, utilities and office equipment; for losses of financing, business and reputation, for loss of profit, for attorney's fees, insurance and interest (excluding post-judgment), and for claims made by the Architect's consultants for the types of damages the Architect has waived as against the Owner. This mutual waiver is applicable, without limitation, to all listed damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7.
and substitute the following. 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option (subject to Section 8.4), cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give written notice to the Owner. Unless the Architect receives payment in full for undisputed amounts within twenty-one days of the Owner’s receipt of the Architect’s notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all undisputed sums due prior to suspension and any direct expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted.
and substitute the following. 10.5 The Contractor shall be entitled to performance and enforcement of obligations under the Agreement intended to facilitate performance of the Contractor's duties. Otherwise, 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.
and substitute the following. 11.10.3 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty. The Owner shall have all of its common law, equitable, and statutory rights of set-off.
and substitute the following. The Architect’s response to such requests shall be made in writing with reasonable promptness, but no more than within fourteen days of receipt of the request by the parties .
and substitute the following. The Owner will endeavor to communicate with the Contractor and the Architect’s consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall notify the Architect of any direct communications that may affect the Architect’s services within a reasonable time.
and substitute the following. 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar region under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Architect shall notify Owner in a prompt and timely manner of any discovered discrepancies, inconsistencies or missing information necessary to provide reasonably accurate and complete documents. Any designs, drawings or specifications prepared or furnished by Architect that contain errors, conflicts or omissions will be promptly corrected by Architect at no additional cost to Owner. Owner's approval, acceptance, use of or payment for all or any part of Architect's services shall in no way alter Architect's obligations or Owner's rights hereunder.
and substitute the following. As soon as practicable after the date of this Agreement, but not later than 15 days after execution of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services.
and substitute the following. 5.9 The Owner, with reasonable promptness, shall provide written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service.
and substitute the following. 8.1.1 All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State of South Carolina. Architect agrees that any act by the State regarding the Agreement is not a waiver of either the State's sovereign immunity or the State's immunity under the Eleventh Amendment of the United State's Constitution. Architect consents that any papers, notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or controversies relating to the Agreement; for any court action in connection therewith; or for the entry of judgment on any award made, may be served on Architect by certified mail (return receipt requested) addressed to Architect at the address provided on Exhibit A or by personal service or by any other manner that is permitted by law, in or outside South Carolina. Notice by certified mail is deemed duly given upon deposit in the United States mail.
