Reduced Scope. If any court or other decision-maker of competent jurisdiction determines that any of the Optionee’s covenants contained in Section 16 of this Agreement is unenforceable because of the duration or scope of such provision, then, after such determination has become final and nonappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Reduced Scope. If any court or other decision-maker of competent jurisdiction determines that any of the Grantee’s covenants contained in Section 12 of this Agreement is unenforceable because of the duration or scope of such provision, then, after such determination has become final and nonappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Reduced Scope. Architect has offered to provide full Construction Phase services on this Project, however, the Owner has not contracted with the Architect to provide traditional contract administration services during construction. As a result, the Architect is limited in its ability to become familiar with the progress and quality of the Work completed and in its ability to determine if the Work is being performed in a manner indicating that, when completed, it will be in accordance with the Contract Documents. Further, the Architect has not been retained to perform on-site observations or to keep the Owner informed of the progress and quality of the Work in order to guard the Owner against defects and deficiencies in the Work. Therefore, the Owner agrees that the Architect, its officers, directors, employees, agents, and consultants, and any of them, shall have no liability for claims, injuries, losses, expenses or damages whatsoever arising out of or in any way related to the means, methods and techniques of construction, jobsite safety, or in any other way relating to work performed during the Construction Phase of this Project. Owner further agrees to defend and indemnify the Architect, its officers, directors, employees, agents, and consultants, and any of them, from and against any and all claims of any third parties, contractors, subcontractors, suppliers, laborers, building users, passers-by, or others, relating to, or arising out of the Construction Phase of the Project. This indemnity specifically includes claims of construction defects, site safety and any claims alleging the Architect’s own negligence, where permitted by law.
