Article 3.9 3.9.1
Liability of the
Architect
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3.9.2
3.9.3
3.9.4
Be
5
t
- a 3.9.5

a eees

In consideration of the premises and of provision of the services by
the Acchitect to the Client under this agreement, the Client agrees
that any and all claims which he has or hereafter may have against the
Architect in any way arising out of or related to the Architect’s duties
and responsibilities pursuant to this agreement (hereinafter referred
to in this Article 3.9 as “claims” or “claim”), whether such claims
sound in contract or in tort, shall be limited to the amount of the
Architect’s professional liabilitv insurance in effect at the date of ex-
ecution of this agreement (and as set out under Article 5), including
the deductible portion thereof, and to the extent only that such in-
surance is available to the Architect to satisfy such claims.

‘The Architect’s professional liability insurance policy is available for
inspection by the Client at all times upon request. Prior to the date
of execution of this agreement, if the Client wishes to increase the
amount of the coverage of such policy or to obtain other special in-
surance coverage, then the Architect shall co-operate with the Client
to obtain such increased or special insurance coverage at the Client’s
expense.

The Architect’s professional liability insurance policy shall contain a
cancellation clause requiring the insurer to give the Client sixty (60)
days prior notice of any cancellation, lapse or termination of such
policy.

It is agreed that:

(a) the Client will not assert a claim against the Architect unless the
Client has asserted such a claim within any required time limi-
tation against. all persons who might reasonably be liable there-
for and,

(b) any waiver by the Client with respect to a claim in favour of any
of such persons shall constitute a waiver by the Client in favour
of the Architect with respect to any claim against the Architect.

In this paragraph, “waiver by the Client” includes any agreement by

the Client to a limitation, exclusion or release whether in whole or in

part of the liabiliry of another to the Client bur does not include a fair
agreement of settlement.

The Architecr’s liability for all claims of the Client arising out of this

agreement shail absolutely cease to exist after a period of six (6) vears

from the date of:

(a) Substantial Performance of the Work,

(b) suspension or abandonment of the project,

(c) termination of the Architect’s services in this agreement, or

(d) the limitation period for claims prescribed by any statute of the
province or territory of the Place of the Work,

whichever shall first occur, and following the expiration of such pe-

riod, the Client shall have no claim whatsoever against the Architect.

The Architect’s liability with respect to any claims arising out of this

agreement shall be absolutely limited to direct damages arising out

of the Architect’s services rendered under this agreement, and the

Architect shall bear no liability whatsoever for any consequential loss,

injury or damage incurred by the Client, including but not limited to

claims for loss of profits and loss of markets.

RAIC Document 6

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