Common use of Owner’s Responsibility Clause in Contracts

Owner’s Responsibility. 4.1 The Owner shall, with the Architect’s assistance, identify requirements for the Project, including a program, which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 4.2 At the conclusion of the Schematic Design Phase the Owner shall establish and update an overall budget for the Project, including the construction cost, the Owner’s other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner’s obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and tress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.6 The Owner shall furnish the services of geo-technical engineers when such services are requested by the Architect. Such services made include, but are not limited to, test borings, test pits, determinations of soil-bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. While the Architect shall coordinate its own work with that of the professional services of all consultants on the Project whether retained by the Owner or Architect, this coordination shall not absolve or release CMARs or other design professionals from complying with their respective standards of care. The Architect is not responsible for errors and omissions of consultants it does not retain. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the ▇▇▇▇’▇ applications for payment or to ascertain how or for what purposes the ▇▇▇▇ has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner’s expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or default in the Project or non-conformance with the Contract Documents, but the Owner’s failure or omission to do so shall not relieve the Architect of his/her responsibilities hereunder and the Owner will have no duty of observation, inspection or investigation. 4.11 The proposed language of certificates or certifications requested by the Architect of the Architect’s consultants shall be submitted to the Architect for review and approval at least fourteen (14) days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement.

Owner’s Responsibility. 4.1 The Owner shall, with the Architect’s assistance, identify requirements for the Project, including a program, which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 4.2 At the conclusion of the Schematic Design Phase the The Owner shall establish and update an overall budget for the Project, including the construction cost, the Owner’s other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner’s obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and tress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.6 The Owner shall furnish the services of geo-technical engineers when such services are requested by the Architect. Such services made include, but are not limited to, test borings, test pits, determinations of soil-bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. While the Architect shall coordinate its own work with that of the professional services of all consultants on the Project whether retained by the Owner or Architect, this coordination shall not absolve or release CMARs Contractor or other design professionals from complying with their respective standards of care. The Architect is not responsible for errors and omissions of consultants it does not retain. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the ▇▇▇▇’▇ Contractor’s applications for payment or to ascertain how or for what purposes the ▇▇▇▇ Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner’s expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or default in the Project or non-conformance with the Contract Documents, but the Owner’s failure or omission to do so shall not relieve the Architect of his/her responsibilities hereunder and the Owner will have no duty of observation, inspection or investigation. 4.11 The proposed language of certificates or certifications requested by the Architect of the Architect’s consultants shall be submitted to the Architect for review and approval at least fourteen (14) days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement.

Owner’s Responsibility. 4.1 The Owner shall, with the Architect’s assistance, identify requirements for the Project, including a program, which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 4.2 At the conclusion of the Schematic Design Phase the The Owner shall establish and update an overall budget for the Project, including the construction cost, the Owner’s other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner’s obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and tress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.6 The Owner shall furnish the services of geo-technical engineers when such services are requested by the Architect. Such services made include, but are not limited to, test borings, test pits, determinations of soil-bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. While the Architect shall coordinate its own work with that of the professional services of all consultants on the Project whether retained by the Owner or Architect, this coordination shall not absolve or release CMARs or other design professionals from complying with their respective standards of care. The Architect is not responsible for errors and omissions of consultants it does not retain. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the ▇▇▇▇’▇ applications for payment or to ascertain how or for what purposes the ▇▇▇▇ CMAR has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner’s expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or default in the Project or non-conformance with the Contract Documents, but the Owner’s failure or omission to do so shall not relieve the Architect of his/her responsibilities hereunder and the Owner will have no duty of observation, inspection or investigation. 4.11 The proposed language of certificates or certifications requested by the Architect of the Architect’s consultants shall be submitted to the Architect for review and approval at least fourteen (14) days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement.

Owner’s Responsibility. 4.1 The Owner shall, with the Architect’s assistance, identify DEMARCO shall provide full information regarding requirements for the Project, Project including a program, program which shall set forth the Owner’s objectivesDEMARCO's objective, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandabilityexpansion capabilities, special equipment, systems systems, and site requirements. 4.2 At the conclusion of the Schematic Design Phase the Owner DEMARCO shall establish and update an overall budget for the ProjectProject based on consultation with the Project Manager which shall include the Project Cost, including DEMARCO's other costs and reasonable contingencies ▇▇▇▇▇▇▇ ▇o all of these costs. 4.3 If requested by the construction costProject Manager, the Owner’s DEMARCO shall furnish evidence that financial arra▇▇▇▇▇▇▇s have been made to fulfill DEMARCO's other costs and reasonable contingencies related to all of these costs. 4.3 4.4 If requested by the ArchitectProject Manager, the Owner DEMARCO shall furnish evidence that financial arrangements have arrange▇▇▇▇▇ ▇ave been made to fulfill the Owner’s DEMARCO's obligations under this Agreement.. STRATEGIC PARTNERSHIP ▇▇▇▇▇▇▇▇T BETWEEN INITIALS ----- ----- DEMARCO ENERGY SYSTEMS OF AMERICA, INC. AND SLI LIGHTING SOLUTIONS, ▇▇▇. PAGE 87 OF 87 4.4 The Owner 4.5 DEMARCO shall designate a representative authorized to act on the Owner’s DEMARCO's behalf with respect to the Project. The Owner DEMARCO or such authorized representative representative, shall render decisions rend▇▇ ▇▇▇▇sions in a timely manner pertaining to documents submitted by the Architect Project Manager in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and tress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmarkManager's service. 4.6 The Owner shall furnish the services of geo-technical engineers when such services are requested by the Architect. Such services made include, but are not limited to, test borings, test pits, determinations of soil-bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. While the Architect shall coordinate its own work with that of the professional services of all consultants on the Project whether retained by the Owner or Architect, this coordination shall not absolve or release CMARs or other design professionals from complying with their respective standards of care. The Architect is not responsible for errors and omissions of consultants it does not retain. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 4.7 The Owner DEMARCO shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner 4.7 DEMARCO shall furnish all legal, accounting and insurance counseling ▇▇unseling services as may be necessary at any time for the Project, including auditing services the Owner DEMARCO may require to verify the Contractors' Applic▇▇▇▇’▇▇ applications for payment Payment or to ascertain how or for what purposes the ▇▇▇▇ has Contractors have used the money paid by or on behalf of DEMARCO. 4.8 DEMARCO shall furnish the OwnerProject Manag▇▇ ▇▇▇▇ a sufficient quantity of Project Documents. 4.9 The services, information, surveys information and reports required by Paragraphs 4.5 Paragraph 4.6 through 4.8 shall be furnished at the Owner’s DEMARCO's expense, and the Architect Project Manager shall be entitled ▇▇ ▇▇▇▇▇▇ed to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner DEMARCO or to the Architect Project Manager if the Owner DEMARCO becomes aware of ▇▇▇▇▇ ▇f any fault or default defect in the Project P▇▇▇▇▇▇ or non-conformance nonconformance with the Contract Documents, but the Owner’s failure or omission to do so shall not relieve the Architect of his/her responsibilities hereunder and the Owner will have no duty of observation, inspection or investigation. 4.11 The proposed language of certificates or certifications requested by DEMARCO reserves the Architect right to perform Project and operations related to the Project with DEMARCO's own forces, and to award contracts in conne▇▇▇▇▇ ▇▇▇h the Project which are not part of the Architect’s consultants Project Manager's responsibilities under this Agreement. The Project Manager shall notify DEMARCO if any such independent action will interfere ▇▇▇▇ ▇he Project Manager's ability to perform the Project Manager's responsibilities under this Agreement. When performing Project or operations related to the Project, DEMARCO agrees to be subject to the same obligations and ▇▇ have the same rights as the Contractors. 4.12 Information or services under DEMARCO's control shall be submitted furnished by DEMARCO with ▇▇▇▇▇▇▇▇le promptness to avoid delay in ▇▇▇ ▇▇derly progress of the Architect for review Project Manager's services and approval at least fourteen (14) days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope progress of this Agreementthe Work.

Owner’s Responsibility. 4.1 The Owner shall, with the Architect’s assistance, identify requirements for the Project, including a program, which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 4.2 At the conclusion of the Schematic Design Phase the The Owner shall establish and update an overall budget for the Project, including the construction cost, the Owner’s other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner’s obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and tress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.6 The Owner shall furnish the services of geo-technical engineers when such services are requested by the Architect. Such services made include, but are not limited to, test borings, test pits, determinations of soil-bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. While the Architect shall coordinate its own work with that of the professional services of all consultants on the Project whether retained by the Owner or Architect, this coordination shall not absolve or release CMARs or other design professionals from complying with their respective standards of care. The Architect is not responsible for errors and omissions of consultants it does not retain. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the ▇▇▇▇’▇ applications for payment or to ascertain how or for what purposes the ▇▇▇▇ has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner’s expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or default in the Project or non-conformance with the Contract Documents, but the Owner’s failure or omission to do so shall not relieve the Architect of his/her responsibilities hereunder and the Owner will have no duty of observation, inspection or investigation. 4.11 The proposed language of certificates or certifications requested by the Architect of the Architect’s consultants shall be submitted to the Architect for review and approval at least fourteen (14) days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement.

Owner’s Responsibility. 4.1 The Owner shall, with : a. Provide full information to the Architect’s assistance, identify Architect regarding its requirements for the Project, including Development within a program, which shall set forth time frame that is adequate to meet the Owner’s objectives, design progress schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 4.2 At the conclusion of the Schematic Design Phase the Owner shall establish and update an overall budget for the Project, including the construction cost, the Owner’s other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner’s obligations under this Agreement. 4.4 The Owner shall designate b. Designate a representative authorized to act on the Owner’s in its behalf with respect to the ProjectDevelopment. The Owner or such authorized its representative shall render decisions in a timely manner pertaining to examine documents submitted by the Architect in order and shall render decision pertaining thereto promptly, to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services's work. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations c. Furnish a certified "ALTA/NSPS LAND TITLE SURVEY" for the site Development site, prepared in accordance with the Minimum Standard Detail Requirements jointly adopted in October, 2020, by the American Land Title Association and the National Society of Professional Surveyors and effective on February 23, 2021. The survey shall be prepared in accordance with the Projectinstructions of Legal Form 026 and shall include Item Nos. 1 - 4, 6(a) and a written (b), 7(a) and (b), 8 - 10, 11(a) and (b), 13, 16 - 19 and 20(a) of Table A, Optional Survey Responsibilities and Specifications. The survey shall include the legal description of the site. The surveys property that was surveyed, identify all wetlands (as required by Item 20(a) of Table A) and legal information shall include, as applicable, grades locate all recorded easements and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries way shown on the Title Insurance Commitment for the property. The survey shall also meet all Field Engineering Submission Requirements for Boundary and contours Topographic Site Surveys set forth in section 0051 of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and tress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmarkMSHDA Standards of Design. 4.6 The Owner shall furnish d. Furnish the services of geo-technical engineers a soils engineer, when such services are requested deemed necessary by the Architect. Such services made include, but are not limited toincluding reports, test borings, test pits, determinations of soil-soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion values and resistively tests, including other necessary operations for anticipating determining subsoil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. While the Architect shall coordinate its own work with that of the professional services of all consultants on the Project whether retained by the Owner or Architect, this coordination shall not absolve or release CMARs or other design professionals from complying with their respective standards of care. The Architect is not responsible for errors and omissions of consultants it does not retain. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 4.7 The Owner shall furnish e. Furnish structural, mechanical, chemical, air mechanical and water pollution chemical tests, tests for hazardous materials, substances and other laboratory and environmental tests, inspections and reports as required by law or the Contract Documents. 4.8 The f. Provide written notice to the Architect if the Owner shall furnish all legal, accounting and insurance counseling services observes or otherwise becomes aware of any fault or defect in the Development or non-conformance with the Contract Documents. g. Furnish information required of him as may be expeditiously as necessary at any time for the Project, including auditing services the Owner may require to verify the ▇▇▇▇’▇ applications for payment or to ascertain how or for what purposes the ▇▇▇▇ has used the money paid by or on behalf orderly progress of the Owner. 4.9 work. The services, information, surveys and reports required by Paragraphs 4.5 c. through 4.8 e. inclusive of this Section 10 shall be furnished at the Owner’s 's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or default in the Project or non-conformance with the Contract Documents, but the Owner’s failure or omission to do so shall not relieve the Architect of his/her responsibilities hereunder and the Owner will have no duty of observation, inspection or investigation. 4.11 The proposed language of certificates or certifications requested by the Architect of the Architect’s consultants shall be submitted to the Architect for review and approval at least fourteen (14) days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement.

Owner’s Responsibility. 4.1 The Owner shall, with the Architect’s assistance, identify shall provide full information regarding requirements for the Project, including a program, program which shall set forth the Owner’s 's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandabilityexpendability, special equipment, systems and site requirements. 4.2 At the conclusion of the Schematic Design Phase the The Owner shall establish and update an overall budget for the Project, including the construction costConstruction Cost, the Owner’s 's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner’s 's obligations under this Agreement. 4.4 The Owner shall designate a representative representative(s) authorized to act on the Owner’s 's behalf with respect to the ProjectProject and this Agreement. The Owner or such authorized representative representatives shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s 's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, pavements and adjoining property and structures; , adjacent drainage; , rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; , locations, dimensions and necessary data pertaining to existing buildings, other improvements and tress; trees, and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project project benchmark. 4.6 The Owner shall furnish the services of geo-technical engineers Geotechnical Engineers when such services are requested by the Architect. Such services made include, may include but are not limited to, to test borings, test pits, determinations of soil-soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistively resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants Consultants, besides those specified in Paragraph 1.1.7, when such services are reasonably required by the scope of the Project requirements and are requested agreed to by the Architect. While the Architect shall coordinate its own work with that of the professional services of all consultants on the Project whether retained by the and Owner or Architect, this coordination shall not absolve or release CMARs or other design professionals from complying with their respective standards of care. The Architect is not responsible for errors and omissions of consultants it does not retain. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services providedin writing. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legalaccounting, accounting auditing and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify for the ▇▇▇▇’▇ applications for payment or to ascertain how or for what purposes the ▇▇▇▇ has used the money paid by or on behalf of the OwnerProject. 4.9 The services, information, surveys and reports required by Article 4, Paragraphs 4.5 through 4.8 of this Agreement shall be furnished at the Owner’s 's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or default defect in the Project or non-conformance nonconformance with the Contract Documents, but the Owner’s failure or omission to do so shall not relieve the Architect of his/her responsibilities hereunder and the Owner will have no duty of observation, inspection or investigation. 4.11 The proposed language of certificates or certifications requested by of the Architect of the Architect’s or its consultants shall be submitted to the Architect for review and approval at least fourteen five (145) days prior to execution. . 4.12 The Owner shall not request certifications that would require knowledge or services beyond reimburse the scope Architect for filing fees for documents submitted for review and approval under Article 1, Paragraphs 1.1.8 of this Agreement.

Owner’s Responsibility. 4.1 The Owner shall, with the Architect’s assistance, identify requirements for the Project, including a program, which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 4.2 At the conclusion of the Schematic Design Phase the Owner shall establish and update an overall budget for the Project, including the construction cost, the Owner’s other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner’s obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and tress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.6 The Owner shall furnish the services of geo-technical engineers when such services are requested by the Architect. Such services made include, but are not limited to, test borings, test pits, determinations of soil-bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. While the Architect shall coordinate its own work with that of the professional services of all consultants on the Project whether retained by the Owner or Architect, this coordination shall not absolve or release CMARs or other design professionals from complying with their respective standards of care. The Architect is not responsible for errors and omissions of consultants it does not retain. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the ▇▇▇▇’▇ applications for payment or to ascertain how or for what purposes the ▇▇▇▇ CMAR has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner’s expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or default in the Project or non-conformance with the Contract Documents, but the Owner’s failure or omission to do so shall not relieve the Architect of his/her responsibilities hereunder and the Owner will have no duty of observation, inspection or investigation. 4.11 The proposed language of certificates or certifications requested by the Architect of the Architect’s consultants shall be submitted to the Architect for review and approval at least fourteen (14) days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement.

Owner’s Responsibility. 4.1 The Owner shall, with the Architect’s assistance, identify DEMARCO shall provide full information regarding requirements for the Project, Project including a program, program which shall set forth the Owner’s objectivesDEMARCO's objective, schedule, constraints and criteriacriter▇▇, including ▇▇▇▇▇ding space requirements and relationships, flexibility, expandabilityexpansion capabilities, special equipment, systems systems, and site requirements. 4.2 At the conclusion of the Schematic Design Phase the Owner DEMARCO shall establish and update an overall budget for the ProjectProject based on consultation with the Project Manager which shall include the Project Cost, including DEMARCO's other costs and reasonable contingencies re▇▇▇▇▇ ▇▇ all of these costs. 4.3 If requested by the construction costProject Manager, the Owner’s DEMARCO shall furnish evidence that financial arrange▇▇▇▇▇ ▇ave been made to fulfill DEMARCO's other costs and reasonable contingencies related to all of these costs. 4.3 4.4 If requested by the ArchitectProject Manager, the Owner DEMARCO shall furnish evidence that financial arrangements have arrange▇▇▇▇▇ ▇ave been made to fulfill the Owner’s DEMARCO's obligations under this Agreement.. STRATEGIC PARTNERSHIP ▇▇▇▇▇▇▇▇T BETWEEN INITIALS ----- ----- DEMARCO ENERGY SYSTEMS OF AMERICA, INC. AND SLI LIGHTING SOLUTIONS, ▇▇▇. PAGE 87 OF 87 4.4 The Owner 4.5 DEMARCO shall designate a representative authorized to act on the Owner’s DEMARCO's behalf with respect to the Project. The Owner DEMARCO or such authorized representative representative, shall render decisions rend▇▇ ▇▇▇▇sions in a timely manner pertaining to documents submitted by the Architect Project Manager in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and tress; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmarkManager's service. 4.6 The Owner shall furnish the services of geo-technical engineers when such services are requested by the Architect. Such services made include, but are not limited to, test borings, test pits, determinations of soil-bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. While the Architect shall coordinate its own work with that of the professional services of all consultants on the Project whether retained by the Owner or Architect, this coordination shall not absolve or release CMARs or other design professionals from complying with their respective standards of care. The Architect is not responsible for errors and omissions of consultants it does not retain. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 4.7 The Owner DEMARCO shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner 4.7 DEMARCO shall furnish all legal, accounting and insurance counseling ▇▇unseling services as may be necessary at any time for the Project, including auditing services the Owner DEMARCO may require to verify the Contractors' Applic▇▇▇▇’▇▇ applications for payment Payment or to ascertain how or for what purposes the ▇▇▇▇ has Contractors have used the money paid by or on behalf of DEMARCO. 4.8 DEMARCO shall furnish the OwnerProject Manag▇▇ ▇▇▇▇ a sufficient quantity of Project Documents. 4.9 The services, information, surveys information and reports required by Paragraphs 4.5 Paragraph 4.6 through 4.8 shall be furnished at the Owner’s DEMARCO's expense, and the Architect Project Manager shall be entitled to e▇▇▇▇▇▇▇ ▇o rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner DEMARCO or to the Architect Project Manager if the Owner DEMARCO becomes aware of ▇▇▇▇▇ ▇f any fault or default defect in the Project P▇▇▇▇▇▇ or non-conformance nonconformance with the Contract Documents, but the Owner’s failure or omission to do so shall not relieve the Architect of his/her responsibilities hereunder and the Owner will have no duty of observation, inspection or investigation. 4.11 The proposed language of certificates or certifications requested by DEMARCO reserves the Architect right to perform Project and operations related to the Project with DEMARCO's own forces, and to award contracts in conne▇▇▇▇▇ ▇▇▇h the Project which are not part of the Architect’s consultants Project Manager's responsibilities under this Agreement. The Project Manager shall notify DEMARCO if any such independent action will interfere ▇▇▇▇ ▇he Project Manager's ability to perform the Project Manager's responsibilities under this Agreement. When performing Project or operations related to the Project, DEMARCO agrees to be subject to the same obligations and ▇▇ have the same rights as the Contractors. 4.12 Information or services under DEMARCO's control shall be submitted furnished by DEMARCO with ▇▇▇▇▇▇▇▇▇e promptness to avoid delay in the Architect for review ▇▇▇erly progress of the Project Manager's services and approval at least fourteen (14) days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope progress of this Agreementthe Work.