1.1.1   The Architect shall provide organization, personnel and management to carry out the requirements of this Agreement in an expeditious and economical manner consistent with the interests of the Owner.

1.1.2   The Architect, with the review and approval of the Owner, shall manage the selection and engagement of the Project participants as required to complete the Project. The Architect shall obtain Scope of Work Schedule Statements from each of the Project participants for the Owner's review and approval. The Architect shall prepare and/or have prepared Contract Agreements for the Work of each of the Project participants for the Owner to review and approve.

ARTICLE 2
OWNER'S RESPONSIBILITIES

2.1    The Owner shall provide full information regarding requirements for the Project. The Owner shall furnish required information as expeditiously as necessary for the orderly progress of the Work, and the Architect shall be entitled to rely on the accuracy and completeness thereof.

2.2    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. For purposes of this Paragraph 2.2, Doug Searle, General Manager of the River Rock Casino, will be Owner's representative with respect to the Project until such time as another shall be designated by Owner in writing.

ARTICLE 3
USE OF ARCHITECT'S DOCUMENTS

3.1    The documents , specifications and other instruments of professional service prepared by and on behalf of the Architect pursuant to this Agreement specifically for this Project (the "Instruments of Service") shall, upon completion and payment of related fees, become the property of the Owner. If Owner should use

or allow the use of the Instruments of Service without Architect's participation on a subsequent project or on any material modification or extension of the subject Project, or if Owner should use or allow the use of incomplete documents in respect of the Project, then Owner shall assume all risks attendant to such use and waive any related liability against Architect and Architect's subconsultants, if any, and their respective principals and employees, and shall to the fullest extent allowed by law release, indemnify, defend and hold harmless Architect and Architect's subconsultants, if any, and their respective principals and employees, from and against any and all claims, liability, costs and/or loss related to such use, including claims, liability, costs and/or loss involving actual or alleged "active negligence" with respect to design services only or "design defect." The foregoing notwithstanding, Architect may at all times retain possession of any and all Instruments of Service fixed in any electronic medium, and copies of said Instruments of Service provided to Owner shall have all indicia of Architect's involvement removed and any and all risks attendant to the automated conversion of information and data from said Instruments of Service to alternative formats or other electronic mediums shall be at Owner's role risk. prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights,

including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect’s documents for the Owner’s information, reference and use in connection with the Project. The Architect’s documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect.

3.2      All information, discussions, memoranda and all documents developed or prepared by Architect or Owner or any of their respective consultants or representatives for this Project, or made available by Owner to Architect or any of its consultants or representatives (collectively, "Confidential Information"), are strictly confidential and shall not be used by Architect any of its consultants or representatives for any other job or work nor disclosed or discussed with any persons whomsoever, directly or indirectly, in whole or in part, except as required to perform the obligations of Architect hereunder, without Owner's prior written approval. Notwithstanding the foregoing, this provision shall not apply to any information, data or work product previously known to the Architect, its consultants or representatives under circumstances not related to the Project, and, further, this provision shall not apply to information in any form that is in the public domain, nor shall it restrict the Architect from giving notices required by law or complying with an order to provide information or data when so ordered by a court, administrative agency or other legitimate authority, or if disclosure is reasonably necessary for the consultant to defend itself from any legal action or claim.

3.3      Architect agrees not to make, copy or place any confidential information in documentary or other written or representational form without properly marking same with the legend "PROPERTY OF DRY CREEK RANCHERIA BAND OF POMO INDIANS - CONFIDENTIAL NOT TO BE DISCLOSED".

3.4      Architect agrees to take any and all action, appropriate by instructions, agreement or otherwise to and with all of its employees, representatives or others to whom any confidential information may be disclosed to act in accordance with the terms of this Agreement and agrees to take such protective measures as may be reasonably necessary to preserve the confidentiality of the confidential information.

3.5      Upon expiration or termination of this Agreement and/or upon the request of the Owner, and provided Architect has been fully paid for its services hereunder, Architect agrees to return to Owner promptly all confidential information in Architect's or any of its

representatives' or consultants' possession or under any of their control including any materials or documentation created by it containing or referencing or using in any manner or form whatsoever any confidential information and Contractor or any of its representatives or consultants shall not retain any copies thereof without Owner's prior written consent.

3.6      Architect agrees and acknowledges that all of the terms and provisions of this Article 3 are necessary to preserve the confidential information of Owner and to avoid any conflict of interest that may arise in the future in connection with Architect performing services for any third party.

ARTICLE 4
ARBITRATION

4.1       Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject t