in the Owner's Criteria. However, if the Design-Builderhas reasonto
believethat the design,process or product requiredinthe Owner'sCriteria is an
infringementof a copyright or a patent, the Design-Buildershall be
responsiblefor suchlossunless such informationis promptly furnishedto the
Owner.If the Ownerreceives notice from a patent or copyrightownerof an
allegedviolation of a patent or copyright, AlA Document A141 - 2014. Copyright ©
2004 and 2014 by The AmericanInstituteofArchitects.All rights reserved. WARNING:
This AlA0 Ijocument is nit, protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AlA®Document, or any
portion of it, may 9 result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was
produced by AlA software at 16:43:51 ET on 10/31/2018 under Order No.7640887244
which expires on 12/13)2018,and is notfor resale. User Notes: (861424439)
[llcagreementoftrcmrc3llc148.jpg]
attributable to the Design-Builder,the Owner shall give prompt written notice to
the Design-Builderwithin fifteen (15) days. §3.1.14Indemnification §To
the fullest extentpermitted by law, the Design-Builder shall indemnifi and hold
harmless the Owner, including the Owner's agents, shareholders,partners, joint
venturers, officers, directors, managers, representatives and employees,from and
againstclaims, damages, losses and expenses,includingbut not limitedto
attorneys'fees, arising out of or resultingfromperformance of the Work, except
to the extentwhere injury or death of any person or damage to or loss of
property was caused by the active or sole negligence, or willful misconduct, of
the party to be indemnified. Such obligation shall not be construed to negate,
abridge, or reduce other rights or obligations of indenmitythat would
otherwiseexist as to a party or person describedin this Section3.1.14. or
§The indemnificationobligationunder this Section3.1.14 shall not be
limited by a limitation on amount type of
damages,compensation,orbenefitspayableby or for Design-Builder,Architect,a
Consultant,a Contractor,or anyone directly or indirectly employedby them, under
workers' compensationacts, disabilitybenefit acts or other employeebenefit acts.
§3.1.15ContingentAssignmentofAgreements §Each agreementfor a portion of
the Work is assignedby the Design-Builderto the Owner at Owner's sole option and
request, providedthat .1 assignment is effective only after termination of the
Contract by the Owner for cause, pursuant to Sections 13.1.4or 13.2.2,and only
for those agreementsthat the Owner acceptsby writtennotification to the
Design-Builderand the Architect, Consultants,and Contractorswhose agreementsare
accepted for assignment;arid .2 assignment is subject to the prior rights of the
surety, if any, obligated under bond relating to the Contract. When the Owner
acceptsthe assignment of an agreement,the Owner assumesthe
Design-Builder'srights from the original date of the agreementand rights and
obligationsfrom the date of the assignment. § §
§3.1.16Design-Builder'sInsuranceand
Bonds.TheDesign-Buildershallpurchaseandmaintaininsuranceandprovide bonds as set
forth in ExhibitB. (Paragraph deleted) ARTICLE4
WORKPRIORTOEXECUTIONOFTHEDESIGN-BUILDAMENDMENT(ifapplicable) §4.1General
§4.1.1Any informationsubmittedby the Design-Builder,and any interimdecisionsmade
by the Owner, shall be for the purpose of facilitating the design process and
shall not modif' the Owner's Criteria unless the Owner and Design-Builderexecute
a Modification. §4.1.2The Design-Buildermay advisethe Owner on proposed siteuse
and improvements,selectionof materials, and building systems and equipment.The
Design-Buildershall alsoprovide the Ownerwith recommendations,consistent with
the Owner's Criteria,on constructability;availabilityof materials and labor;time
requirementsfor procurement, installation and construction;and factorsrelated to
constructioncost including,but not limitedto, costs of alternative designs or
materials,preliminarybudgets,life-cycle data,and possible