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above, accordingly to the extent that such conditions extend the cost and/or time of the ARCM’S
Work.

4.3 INTERPRETIVE REQUIREMENTS BY PUBLIC AGENCIES. In the event that any agencies
having jurisdiction over the Project; (1) take action requiring Work that differs in any respect from
that Work indicated on plans and specifications approved by such agencies for use at this Project, or
(2) enforce current or previous codes or issue code interpretations beyond the extent of the agencies’
stated intentions during pre-design or design phase discussions with such agencies, such actions shall
be considered to be an Unforeseeable Condition.

ARTICLE 5. STANDARD OF CARE

5.1 The ARCM’S Work shall be performed in a manner consistent with that level of care and skill
ordinarily exercised by other members of the ARCM’S profession currently practicing in the same
locality under similar conditions. No other representation is expressed or implied.

5.1.a The specific standard of care for all mold-related Work shall be limited to: (1) the Guidelines on
Assessment and Remediation of Fungi in Indoor Environments, published by the New York City
Department of Health, dated April, 2000, (2) any site-specific written recommendations issued by
qualified mold professionals (i.e.: industrial hygienist, microbiologist, etc.) to the extent that such
recommendations do not conflict with items as cited in this paragraph. It is understood and
agreed that performance of mold mitigation Work does not guarantee that mold will not re-grow
or that new mold will not develop. The ARCM shall not be liable for such re-growth and or
associated resultant damage.
5.1.b If any water intrusion mitigation Work is performed, the ARCM shall only be responsible for
making reasonable efforts to identify potential site-specific sources and to perform reasonable
Work in an attempt to mitigate these sources. No other intent or responsibilities are assumed and
no guarantees or warranties are express or implied.

5.2 RIGHT TO CURE. If disputed Work is found and identified in writing and submitted to the ARCM,
the ARCM shall have the right to inspect and cure such disputed Work within fourteen (14) days of
receipt of written notice if the ARCM agrees such Work does not meet industry standard and or the
terms of this Agreement.

ARTICLE 6. COMMENCEMENT AND COMPLETION

6.1 COMMENCEMENT DATE. The Work shall commence upon the ARCM’S receipt of a fully
executed copy of this Agreement or a mutually agreeable time period yet to be established.

6.2 COMPLETION. To the fullest extent within the ARCM’S control, the Work shall be completed in an
expeditious manner, consistent with all schedules proposed by the ARCM and approved by the
ASSOCIATION.

6.3 TERMINATION. During the performance of any specific phase of Work, and in the event that either
party materially breaches any term or provision in this Agreement, the other party may terminate this
Agreement for cause by providing written notice of the intent to terminate, a clear description of the
specific reason for the termination, and a clear description of those actions which would mitigate the
cited breach. To facilitate Project continuity and in a spirit of cooperative problem solving, the party
alleged to have breached the Agreement shall be allowed a thirty (30) calendar day period from the
receipt of the notice of intent to terminate to take appropriate steps to mitigate the cited breach, after

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2015 JWC ARCM POST LIT License ROC 190300 KB-1