Aline's with the coordination of its members, employees, representatives, agents, consultants, and advisors (collectively "Personnel") will provide Services to the Client for the Projects as described in the Scope of Services.

Aline shall invoice Client monthly for Services (including Additional Services, if any), Personnel's fees, reimbursable expenses Invoices are due and payable on receipt. Payment is not contingent on Client's acquisition of title or financing for the Project.

All invoices remaining unpaid more than 30 days will incur a finance charge of 1.5% per month until paid, plus any costs incurred by Aline in connection with collecting payment as specified in Section 9 ("Finance Charge"). Aline may withhold the submission of professional documents to governmental authorities, certifications, or other Services until past due invoices are paid. In addition, if any invoiced amount is more than 60 days past due, then Aline may, at its sole option, suspend any Services or terminate the Agreement in accordance with Paragraphs 6-8 below.

All Services that Aline will provide to Client for the Project are specified in the Full Service Agreement. Except as set forth in the Agreement, Aline shall not have any duties or responsibilities for any other part of the Project and shall only be required to provide Services agreed upon by Aline and Client pursuant to the Agreement. Additional Services shall include any services that are not specifically set forth in the Scope of Services (as defined in the Full Service Agreement or any exhibit attached hereto). Unless otherwise agreed to in any Superseding Document, any Additional Services agreed to be performed by Aline or its Personnel at the request of Client shall be paid for by Client at Aline's current Hourly Rates, including reimbursement for any Reimbursable Expenses.

a. Original Documents. All original reports, designs, plans, drawings, renderings, BIMs, specifications, or other instruments of service prepared or provided by Aline and its Personnel (collectively, "Professional Documents") are and shall remain the property of Aline except where by operation of law such Professional Documents become public property. Client shall use the Professional Documents solely for Client's development and construction of the Project. Client shall not re-use the Professional Documents for other sites or other projects without Aline's prior written consent and payment of a design re-use fee in an amount to be determined by Aline.

b. Reproduction and Copies. Client shall pay for all copies of Professional Documents (including any drawings, plats, surveys, reports, and exhibits) provided to Client, jurisdictional authorities, utility companies, or others at Client's direction at Aline's then prevailing rates for copies produced inhouse, and at cost plus 15% of such cost for copies produced by others.

c. Archival Copies of Professional Documents. Client agrees that Aline has no duty to retain any copies of Professional Documents after they have been delivered to and accepted by Client.

Aline's estimates of completion dates, construction costs, materials quantities, or rentable square footage are statements of Aline's professional opinion and not representations of fact or warranties of any kind. Such estimates are subject to change in Aline's reasonable discretion.

The parties shall mutually agree upon a schedule for Aline's Services for the Project ("Schedule"). The Schedule is subject to reasonable adjustment for any delays in receiving information, documents or approvals needed from Client, the general contractor or any third party who must review and approve the documents prepared by Aline, or any public official having the right to review and approve the documents for construction. In addition, any delay or default in the performance of any obligation of Aline under the Agreement caused directly or indirectly by labor difficulties, accidents, acts of God, shortages or unavailability of labor, materials, power or transportation through normal commercial channels, the failure of Client or Client's agents to furnish information or to approve or disapprove Aline's work promptly, late, slow or faulty performance by Client, other contractors or governmental agencies, the performance of whose work is required for Aline's performance of its Services, or any other cause beyond Aline's reasonable control, shall not be a breach of the Agreement. The occurrence of any such event shall suspend the obligations of Aline as long as performance is delayed or prevented thereby, provided that any fees incurred prior to such delay shall remain payable in accordance with the Agreement.

Either Aline or Client shall have the right to terminate the Agreement at any time by notifying the other party of such intention in writing, such notice to be effective as of the close of business the day of receipt ("Termination Date"), unless mutually agreed by the parties in writing. In such event, Client agrees to pay Aline within 10 days of the Termination Date for all work performed up to the Termination Date. The amount due for any Services performed prior to the Termination Date shall equal the greater of: 1) the Fees set forth in the Scope of Services prorated to correspond to the percentage of work completed at the Termination Date as determined in Aline's reasonable discretion; or 2) Services performed on at Aline's Hourly Rates not to exceed the Total Fee as set forth in the Scope of Services, plus (i) all Reimbursable Expenses and (ii) any Hourly Rates incurred for Additional Services performed up to the Termination Date. In the event Client does not pay Aline within the 10-day period set forth herein, all amounts due shall incur the Finance Charge set forth in Paragraph 1.

If Client's actions or inaction (including but not limited to Client's failure to provide any documents required by Aline or to perform Client's responsibilities set forth herein) require Aline to suspend Services for more than 60 days, Aline shall have the right to terminate the Agreement and shall be entitled to all compensation as set forth in Paragraph 6 above. Further, if Aline is required to stop work for a period of 60 days or more, any fixed fee amounts under the Agreement shall be subject to adjustment for costs incurred to re-start such Services or equitable adjustment of the fees set forth in the Scope of Services, in Aline's reasonable discretion. In the event Client and Aline cannot agree on the amount of the increase in fees to re-start Services, then either party may terminate the Agreement in accordance with Paragraph 6 above.

If Client fails to pay Aline as required by the Agreement or if Client commits any other material breach of the Agreement, Client agrees that, in addition to any other remedy available at law or in equity, Aline shall have the right in Aline's sole discretion to terminate the Agreement and receive compensation in accordance with Paragraph 6 above. In the event Aline does not terminate the Agreement and Client and client makes late payments, such late payments shall incur the Finance Charge set forth in Paragraph 1.

If Aline must retain legal counsel to enforce the Agreement or collect compensation for Aline's Services, Client agrees to pay, in addition to any other sums due, all reasonable attorneys' fees, court costs, Aline's time spent at Aline's current Hourly Rates, and any other reasonable costs incurred by Aline, whether such fees are incurred before, during or after mediation, arbitration or litigation.

Except to the extent that liability for loss or damage results from the gross negligence or willful misconduct of Aline or its employees and agents, Client agrees to indemnify and hold Aline and its Personnel harmless from any claims, losses, costs, or damages including reasonable attorneys' fees and costs of defense, arising or resulting from or in any way related to:

a. any non-conformance with Aline's Professional Documents by Client or its contractors without Aline's prior written approval;

b. differing site conditions at the Project site that were not disclosed to Aline;

c. alteration of Aline's Professional Documents by Client or its contractors without Aline's prior written approval;

d. inaccuracy of test data, geotechnical reports, drawings, surveys, or other materials data or information supplied by Client or its Personnel;

e. any negligent act or omission of Client or its employees, agents, or Client's separate contractors in any way related to the Project;

f. any inconsistency (whether inadvertently or otherwise) between any original file(s) prepared by Aline in machine readable and/or AutoCAD formats and the copy of the file(s) as delivered to Client or any of Client's subcontractors, contractors, and other architects and their subsequent reliance, unless authenticated by Aline against the original file(s) after receipt; and

g. any breach of the Agreement by Client or its employees, agents or contractors.

Aline (including its Personnel, where applicable) shall perform its Services in accordance with the degree of care and skill ordinarily exercised by members of its profession providing services similar to those to be performed under the Agreement in the same locality as the Project. Aline makes no warranty, either express or implied, as to its findings, recommendations, Professional Documents, or professional advice except that the services were performed pursuant to generally accepted standards of professional practice in effect at the time of performance in the locality where the Project is located.

Aline is an independent contractor for the Services provided under the Agreement. Aline is not an employee, agent, partner or joint venturer with or of the Client. Aline shall not be responsible for the acts or omissions of the Client, Client's separate contractors, or consultants, or their respective agents or employees, or other persons performing any work on the Project. Aline shall retain sole and absolute discretion and judgment in the manner and means of carrying out the Services performed under the Agreement and in accordance with Paragraph 11 above. Aline will not combine its business operations in any way with Company's business operations, and each party will maintain their business operations as separate and distinct.

Neither Client nor Aline shall assign its interest in the Agreement without the written consent of the other, but Aline may delegate to its Personnel any portion of the Services or Additional Services to be performed hereunder without Client's consent.

In accepting and utilizing any Professional Documents generated and furnished by Aline in either hard copy or digital media, Client agrees that Aline shall be deemed the author of the Professional Documents, retaining all common law, statutory law, intellectual property rights including without limitation, patent rights, trademarks, trade secret rights, mask work rights, rights to improvements and other proprietary rights, and all applications and registrations therefor including reissues, divisions, continuations, continuations in part, requests for continued examinations, and other rights, including copyrights. Upon payment in full of all compensation due to Aline under the Agreement, Client shall have a perpetual, paid-up, non-assignable, non-exclusive license to use the Professional Documents solely in connection with this Project.

Client agrees not to reuse the Professional Documents, in whole or in part, for any purpose or project other than the Project that is the subject of the Agreement. Client agrees not to assign or transfer the Professional Documents to others without the prior written consent of Aline. Client further agrees to waive all claims against Aline resulting in any way from any unauthorized changes or reuse of the Professional Documents by anyone other than Aline.

Client is aware that differences may exist between the Professional Documents delivered as digital media and the printed hard copy construction documents. In the event of any conflict, the signed and sealed hard copy Professional Documents designated by Aline to be the record drawings shall govern.

In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold Aline and its Personnel harmless from any claims, losses, costs, or damages including reasonable attorneys' fees and costs of defense, arising or resulting from the unauthorized changes to or re-use of the Professional Documents.

Aline makes no representations concerning soils or geological conditions unless specifically included in writing in the Agreement, or in any Superseding Document, and shall not be responsible for any liability that may arise out of or is related to the making of or failure to make soils or geological surveys, subsurface soils or geological tests, or general soil or geological testing.

Unless Aline's Scope of Services specifically includes "Construction Phase Services" for the Project, Client assumes all responsibility for interpretation of any construction documents and for construction observation and supervision, and Client waives any claim against Aline that may in any way be connected to Construction Phase Services. In addition, Client agrees indemnify and hold Aline and its Personnel harmless from any claims, losses, costs, or damages including reasonable attorneys' fees and costs of defense, arising or resulting from the performance of Construction Phase Services by other persons or entities and from any and all claims arising from the modifications, clarification, interpretation, adjustments or changes made to the Professional Documents to reflect field change or other conditions, except to the extent of claims caused by the gross negligence or willful misconduct of Aline in preparing the Professional Documents.

If the Scope of Services includes "Construction Administration Services", and such Construction Administration Services are to be performed on a fixed fee, Aline and Client agree that the fixed fee is based on construction being completed according to the Schedule or a reasonable duration of construction for a Project of this size and complexity as determined in Aline's reasonable discretion. The Client agrees to compensate Aline for any additional Construction Administration Services if the anticipated Project duration is extended for reasons beyond the control of Aline and/or if unforeseen conditions result in any additional time being required on the Project.

Client acknowledges that any "Design Services" set forth in the Scope of Services and performed pursuant to the Agreement are based upon field and other conditions that may change by the time Project construction occurs and clarification, adjustments, modifications, and other changes may be necessary to reflect field change or other conditions. Such clarifications, adjustments, modifications, and other changes shall constitute Additional Services and shall be paid for by Client

Client agrees that in accordance with generally accepted construction practices, the construction contractor and construction subcontractors will be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including safety of all persons and property, and that this requirement shall apply continuously and not be limited to normal working hours. Neither the professional activities of Aline nor the presence of Aline or its Personnel at a construction site shall relieve the contractor and its subcontractors of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and applicable health or safety requirements of any regulatory agency or of state law.

a. Client shall provide Aline with all information, test data, reports, drawings, surveys, documents, or other material as Aline may reasonably need or request in order to carry out Aline's Services set forth in the Agreement and to prepare any Professional Documents. Client shall designate a representative authorized to act on the Client's behalf with respect to Aline's Services on the Project. Such representative shall render decisions in a timely manner pertaining to Professional Documents prepared by Aline or its Personnel to avoid unreasonable delay in the orderly and sequential progress of Aline's Services hereunder.

b. Client will respond promptly to any of Aline's requests to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Aline to perform its Services in accordance with the requirements of the Agreement. Client understands that Aline is a business with other clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications will not constitute an emergency for Aline. Client understands that Aline may require detailed clarification in order to meet expectations and provide the best support and highest quality work. If Client consistently fails to respond to questions in a timely manner, does not supply documents, information or updated credentials, in a manner that impairs efficient workflow, increases administrative time, or otherwise prevents Aline from working to optimum standards and servicing other clients in a fair and equal manner, Aline's Services will be postponed in proportion to the delay.

c. Client agrees to require its general contractor and subcontractors to review the Professional Documents prepared by Aline and its Personnel prior to the commencement of construction phase work. Client's agreement with the general contractor shall include that, if the general contractor and/or subcontractors determine there are deficiencies, conflicts, errors, omissions, code violations, improper uses of materials, or other deficiencies in the Professional Documents prepared by Aline, then the general contractor and subcontractors shall notify Client immediately so such deficiencies may be corrected by Aline prior to the commencement of construction phase work.

If during the construction phase of the Project, Client discovers or becomes aware of any field changes or other conditions which necessitate clarifications, modifications or other changes to the Professional Documents prepared by Aline, Client agrees to notify Aline and retain Aline to prepare the necessary changes or modifications before construction activities proceed. Further, Client agrees to require a provision in its construction contracts for the Project which requires the contractor to promptly notify Client of any field change or other conditions so that Client may in turn notify Aline pursuant to the provisions of this Paragraph. Any additional work performed by Aline or its Personnel, pursuant to this Paragraph shall be paid for by Client as Additional Services. Aline shall not be obligated to proceed in performing the following Additional Services until Client has provided its written authorization and commitment to pay for these Additional Services:

a. Services necessitated by a change in the Client's expectations for the Project, a change in previous instructions or approvals given by the Client, or a material change in the Project including, but not limited to, size, quality, or complexity of the Project, Client's schedule or budget, or the procurement or delivery method;

b. Changing or editing previously prepared Professional Documents necessitated by the enactment or revision of codes, laws or regulations or official interpretations;

c. Services necessitated by decisions of the Client not rendered in a timely manner or any other failure of performance on the part of the Client or the Client's consultants or contractors;

d. Preparing digital data for transmission to the Client's consultants and contractors, or to other Client-authorized recipients;

e. Preparation of design and documentation for alternate bid or proposal requests proposed by the Client or Client's contractor;

f. Preparation for, and attendance at, a public presentation, meeting or hearing;

g. Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where Aline is party thereto; or

h. Evaluation of the qualifications of bidders or persons providing proposals;

i. Consultation concerning repair, remediation, or replacement of work resulting from the discovery of hazardous substances, fire, storm damage, or other unanticipated cause or calamity occurring during construction.

Client agrees to purchase and maintain, or cause its contractors to purchase and maintain, during the course of construction, general liability insurance and builders risk "all risk" insurance, including premises, operations, broad form property damage, completed operations, and contractual liability coverages, which shall name Aline and its affiliates as an additional named insured as its interest may appear.

a. Except for Aline's right to collect sums due that are within the jurisdictional limits of the applicable Justice Court or to perfect and enforce its right to a mechanic's lien or stop notice, Client and Aline agree that all claims or disputes between the parties arising out of or relating to the Agreement shall be first be submitted to mediation within 30 days following the appointment of a mediator at the request of either party by service of written notice of a dispute and request for appointment of mediator by either party.

b. Unless otherwise agreed, all mediation proceedings will be held in Maricopa County, Arizona. If the parties cannot promptly agree to the selection and appointment of a mediator, either party may apply to the American Arbitration Association for the appointment of a mediator from its roster of neutrals for construction industry disputes. The parties are only required to use the American Arbitration Association as the tribunal administrator or employ its Construction Industry Arbitration Rules and Mediation Procedures if a mediator or arbitrator is appointed by the American Arbitration Association.

c. In the event the parties are unable to resolve their claim or dispute through mediation, all claims or disputes in which the aggregate amount at issue is less than US$100,000 shall be decided by binding arbitration conducted according to the Construction Industry Arbitration Rules and Mediation Procedures of the American Arbitration Association in a proceeding initiated by either party through a written demand for arbitration or by both parties through a joint submission to arbitration.

d. Any and all unresolved claims or disputes in which the aggregate amount at issue is US$100,000 or more, shall be resolved by litigation by a court of competent jurisdiction sitting in Maricopa County, Arizona. The prevailing party in any arbitration or litigation between the parties, as determined by the arbitrator or judge deciding the dispute, shall be entitled to recover from the non-prevailing party its reasonable and necessary attorneys' fees and costs.

Aline may serve any notice required by law to protect its lien rights or other collection remedies. If requested by Client, Aline shall provide conditional lien waivers in statutory form with each application for payment and shall cause its consultants to include conditional lien waivers for their portion of each application for payment.

Client and Aline agree that the obligations imposed by the Agreement are those of their respective business entities. No individual officer, director, shareholder, member, manager, employee, or other person representing either party shall be joined in his or her personal capacity in any claim, dispute, litigation, arbitration or other dispute resolution procedure between the parties in connection with the Agreement or the Project.

Any term or condition of the Agreement making time of the essence shall be subject to Aline's duty to exercise due professional care in the performance of its Services. Provided such delays are not caused by Aline, Aline shall not be responsible for unanticipated delays by the Client's separate contractors or consultants, governmental authorities having jurisdiction over the Project, and public or private utility entities responsible for completing plan reviews, coordination with the utility's contractors, utility approvals, or utility location services, or any delays set forth in Paragraph 5.

Aline shall have no duty to check, verify, or coordinate the work or services of Client's separate consultants or contractors involved in any way with the Project. Aline shall be entitled to rely on the accuracy, completeness, and compliance with applicable laws of the information, product data, specifications, test results, professional documents, or other work or services performed by Client's separate consultants, contractors, subcontractors, and suppliers. To the fullest extent permitted by law, the Client shall indemnify and hold Aline and its Personnel harmless from any claims, losses, costs, or damages including reasonable attorneys' fees and costs of defense, arising or resulting from the negligent acts or omissions of Client's separate consultants, contractors, subcontractors, or suppliers in the performance of their services, or the breach or nonperformance of their respective contracts.

Aline shall exercise the prevailing standard of care in the identification and interpretation of codes, laws, regulations, and standards applicable to the Project and Aline's Services (collectively referred to as "Applicable Laws"). Additional research, engineering, design, or revision of Professional Documents that becomes necessary due to changes in applicable laws occurring after the signature of the Agreement Date (as defined in Full Service Agreement) shall be compensated as Additional Services under Paragraph 2 above.

Aline shall exercise commercially reasonable professional care to identify, interpret and apply the design requirements under Applicable Laws, regulations and ordinances, including the Americans With Disabilities Act, the Fair Housing Act or comparable state or local law concerning accessibility by persons with disabilities (collectively "ADA accessibility requirements"). Client acknowledges its own, non-delegable legal duty to comply with the requirements of accessibility laws and ordinances including ADA, and that these legal requirements may impose on Client duties to ensure that, to the maximum extent feasible, new construction or the altered portions of existing facilities are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Aline shall not be responsible for the verification of accessibility, or the design, or production of construction documents for any accessible facility or accessible path of travel outside the limits of the Project.

a. Client acknowledges that ADA accessibility requirements are subject to interpretation and revision from time to time by courts and jurisdictional authorities. Aline shall exercise due professional care but does not warrant or guarantee that the Project, as it presently exists or may be built or altered pursuant to the Agreement, will comply with ADA accessibility requirements.

b. In the event Client or Client's contractor retains an independent consultant or inspector to advise on or verify compliance with ADA accessibility requirements, Client shall require all such consultants to submit inquiries or communications to jurisdictional authorities through Aline. Aline shall not, by reason of these inquiries or communications, assume legal responsibility for the acts, errors, or omissions of such ADA accessibility consultants.

Aline may, but is not required to, perform self-certification services for local building code compliance and issuance of building permits. Client acknowledges that self-certification is performed for Client's convenience but does not excuse Client from full compliance with building or life safety codes enforced by post-permitting review and inspection. Client agrees to comply with all lawful interpretations of applicable codes and laws, including additional requirements set by jurisdictional authorities and code enforcement officials or underwriters even if modification or supplementation of the Project is required at Client's expense to obtain certificates of occupancy.

Aline shall not be liable to Client, customers of Client, or to any third party for any indirect, special, incidental, or consequential damages they may incur, including but not limited to promotional or advertising costs, start-up costs, lost profits, or lost business. Considering the relative risks and benefits of the Agreement, Client and Aline have agreed that, to the fullest extent permitted by law, the total liability, in the aggregate, of Aline, its Personnel, and anyone claiming by or through Client for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to any particular Project or Services furnished in connection with the Agreement from any cause or causes including, but not limited to, negligence, professional errors and omissions, strict liability, breach of contract, indemnity, statutory violation, or breach of any express or implied warranty, shall not exceed the Fees for any Services or Additional Services (if any) received by Aline pursuant to the Agreement on which the particular claim, loss, cost, or damage is asserted, less any Fees paid to Consultants and non-refundable Reimbursable Expenses.

a. Unless expressly included in the Scope of Services or in a written instrument signed by the parties as a service provided or coordinated by Aline, Client shall be solely responsible for independently investigating and verifying existing site conditions, utilities, or the condition, suitability, and availability of services or equipment furnished by a landlord or present in an existing facility in which the Project will be constructed. Aline may rely in good faith on the results of any investigation, inspection, or verification services furnished by Client or at its request.

b. Special inspections or observations, if required by the applicable jurisdiction having authority over the Project, are not included in the Scope of Services provided by Aline or its Personnel. Unless otherwise agreed in writing by the parties, Client shall retain and compensate all special inspectors or observers separately or compensate Aline or its Personnel for special inspections and observations as Additional Services under Paragraph 2 of the Agreement.

If requested by Client, Aline shall use its professional judgment in evaluating any value engineering or cost reduction proposals made by Client, Client's contractor, or Client's other consultants for the Project.

a. Any re-design, additional engineering or consulting services, or the alteration or re-issuance of Professional Documents to incorporate an accepted value engineering, cost reduction, or substitution proposal shall be compensated as an Additional Service pursuant to Paragraph 2 of the Agreement.

b. Aline shall advise Client in writing of any good faith objections Aline may have to any substitutions, value engineering or cost reduction proposals submitted for its review. If Client accepts and incorporates into the Professional Documents any substitutions, value engineering or cost reduction proposals despite Aline's good faith objection, Client agrees, to the fullest extent permitted by law, to indemnify and hold Aline and its Personnel harmless from any claims, losses, costs, or damages including reasonable attorneys' fees and costs of defense, arising or resulting from incorporation of such substitution, value engineering or cost reduction proposals accepted by Client. Aline shall have no liability for any substitutions, value engineering or cost reduction proposals, or other modification of the Professional Documents that are not submitted for its consideration and prior written approval.

If required by Client or any applicable jurisdictional authority, record drawings for the Project shall be prepared by Client's contractor to indicate any material deviation from the Professional Documents occurring during construction. Aline's obligation with respect to record drawings is limited to providing one set of background drawings to assist Client's contractor in annotating the record drawings. Aline's certification of record drawings, if requested by Client, shall be subject to Arizona Revised Statute § 32-152, and shall not constitute a warranty, guarantee, or representation of fact as to the post-construction conditions depicted in the record drawings.

In the event of any claim, counterclaim, third party claim, or other dispute with or against Aline or any of its Personnel concerning Aline's Services under the Agreement or the Project, Client shall make no claim for professional negligence or breach of contract against Aline or its Personnel without first providing Aline with a written certification of merit in the form of an affidavit executed by an independent architect (or an independent engineer or other professional in the event of a claim asserted against any of its Personnel) who is currently licensed and in active practice in the jurisdiction in which the Project is located, and who at least 5 years of recent experience in the design and construction of structures or facilities comparable to Project that is the subject of the claim or dispute. This independent architect or consultant's certification of merit shall bear the affiant's professional seal and signature, and shall: a) state the name, business address, firm name (if any) and professional registration number of the person providing the certification; b) specify the legal basis of the duty of care allegedly owed by Aline or its Personnel to Client; c) describe the elements of the professional standard of care applicable to the conduct or services of Aline or any of its Personnel that gave rise to the claim; d) describe in reasonable detail the facts constituting a breach of the applicable standard of care; and e) the nature and quantum of resulting damage suffered by Client as a consequence of the alleged breach.

If any part or portion of the Agreement is determined to be void or unenforceable, all of the remaining provisions shall be fully effective.

Aline shall have the right to include photographic or artistic representations of the Project among Aline's promotional, marketing and professional materials. Aline shall be given reasonable access to the completed Project to make such representations. However, Aline's materials shall not include Client's confidential or proprietary information if Client has previously advised Aline in writing of the specific information reasonably considered by Client to be confidential or proprietary. Client shall provide professional credit for Aline in Client's own promotional materials for the Project and shall notify Aline prior thereto.

If Aline or Client receive information specifically designated by the other party as "confidential" or "business proprietary", the receiving party shall keep such information confidential and shall not disclose it to any person except to (1) its employees, (2) those persons who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information, or (4) as required by law. Client acknowledges that the Professional Documents are confidential.

Aline's office hours are Monday through Friday Time AM to Time PM (AZ). Aline will use e-mail as its primary form of communication with Client. Aline will respond to Client by the end of the next business day.

The Agreement may be amended by a written agreement executed by Client and Aline. The parties may modify Services, Scope of Services and Fees, Project, or Schedule in an exhibit attached hereto or in an instrument signed by the parties following the Agreement Date (each a "Superseding Document" together with the existing Agreement the "Agreement"). In the event a Superseding Document contradicts a term or condition in the existing Agreement, the Superseding Document will control, provided that all other terms and conditions in the Agreement will remain in full force and effect.

This Agreement is made solely for the benefit of the Client (current landlower) and Aline. No third party, including but not limited to future homeowners, subsequent property purchasers, or any Homeowners Association (HOA), shall have any rights under this Agreement or any claim against Aline related to the Services performed hereunder. Aline disclaims any responsibility for the future use, modification, or governance of the project by third parties. Furthermore, Client acknowledges that individual units within the project may later be subject to an HOA or similar governing body. Aline shall have no obligation, liability, or responsibility for the formation, administration, enforcement, or governance of any HOA or any compliance therewith. Aline shall not be liable for claims, costs, or damages related to common areas, association rules, or disputes arising from HOA regulations or management.

The scope of work under the Agreement is limited to the Services expressly stated. Any requests for design changes, modifications, or additional work from future property owners, an HOA, or any third party shall require a separate written agreement between Aline and the requesting party. Aline shall not be responsible for unauthorized modifications made by others. Under no circumstances shall Aline be liable for indirect, consequential, or speculative damages, including but not limited to claims from future homeowners, subsequent purchasers, or any HOA.