英语翻译9.4.WAIVEROFSUBROGATION.TheOwnerandArchitectwaiveallrightsagainsteachotherandagainstthecontractors,consultants,agentsandemployeesoftheotherfordamages,butonlytotheextentcoveredbypropertyinsuranceduringconstr

Question

英语翻译
9.4.WAIVER OF SUBROGATION.The Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,but only to the extent covered by property insurance during construction,except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201,General Conditions of the Contract for Construction,current as of the date of this Agreement.The Owner and Architect each shall require similar waivers from their contractors,consultants and agents,and will require them to provide their insurance policies,which shall include such waivers of subrogation by endorsement or otherwise.
3 Assignees
As in any professional relationship,it behooves the professional to insure that his performance is gauged by the person with whom he has a personal relationship,rather than unidentified and possibly hostile successors to that person.Consequently,assignment of the Owner’s rights against the Architect should be subject to the Architect’s consent.¶9.5 of the AIA Owner/Architect Agreement requires it.
IV Risk Control
A.Limitations
Each jurisdiction has a different statute of limitations for breach of contract actions,but in some states this period may be shortened,by contract.See,e.g.,Tex.Civ.Prac.& Rem.Code Ann.§16.070 (Vernon Supp.1996).A clause taking advantage of this statutory authorization might be as follows:
9.3.1.LIMITATION OF ACTION.Causes of action between the parties to this agreement,including any claims for breach of contract,must be brought within two years from the day following the act or omission giving rising to the claim for breach of contract.
A.Certificate of Merit
California and some other jurisdictions have adopted statutes requiring a certificate of merit as a prerequisite to instituting malpractice litigation against architects.While Texas has not yet adopted this salutary procedure,there does not appear to be any reason why the parties cannot,in their contractual undertaking,agree to make it a prerequisite to any dispute resolution.A sample clause might appear as follows:

Answer 1

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9.4.WAIVER OF SUBROGATION.The Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,but only to the extent covered by property insurance during construction,except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201,General Conditions of the Contract for Construction,current as of the date of this Agreement.The Owner and Architect each shall require similar waivers from their contractors,consultants and agents,and will require them to provide their insurance policies,which shall include such waivers of subrogation by endorsement or otherwise.
9.4 代位求偿权的放弃.从协议之日起,业主和建筑师放弃针对相互的,以及针对承包商、顾问、代理商和其他雇员的,对所有损害的所有权利,但仅适用与施工过程中由财产保险所覆盖的范围,不包括他们可能对在AIA文件A201“施工合同的一般条件”的编辑中阐明的保险之类的收益所拥有的权利.
3 Assignees
3 受让人
As in any professional relationship,it behooves the professional to insure that his performance is gauged by the person with whom he has a personal relationship,rather than unidentified and possibly hostile successors to that person.Consequently,assignment of the Owner’s rights against the Architect should be subject to the Architect’s consent.¶9.5 of the AIA Owner/Architect Agreement requires it.
因为在任何专业关系中,理所当然,专业人员要确保他的表现受到有个人关系的人的估量,而不是身份不明而可能对那人怀有敌意的后继者的估量.因此,业主对建筑师的权利的转让应该得到建筑师的同意.AIA业主/建筑师协议的9.5条款要求这一点.
IV Risk Control
IV 风险控制
A.Limitations
A．限制
Each jurisdiction has a different statute of limitations for breach of contract actions,but in some states this period may be shortened,by contract.See,e.g.,Tex.Civ.Prac.& Rem.Code Ann.§16.070 (Vernon Supp.1996).A clause taking advantage of this statutory authorization might be as follows:每一管辖权对于合同行为都有不同的限制法令,但是在某些状态下,这一周期可能被合同所缩短.例如参见Tex.Civ.Prac.和 Rem.Code Ann.的案例,§16.070 (Vernon Supp.1996).
9.3.1.LIMITATION OF ACTION.Causes of action between the parties to this agreement,including any claims for breach of contract,must be brought within two years from the day following the act or omission giving rising to the claim for breach of contract.
9.3.1 行为的限制.本协议各方之间行为的起因,包括任何对违反合同的索赔,都必须从引发对违反合同提出索赔的行为或疏漏之日起的两年内提出.
A.Certificate of Merit
A.功过证书
California and some other jurisdictions have adopted statutes requiring a certificate of merit as a prerequisite to instituting malpractice litigation against architects.While Texas has not yet adopted this salutary procedure,there does not appear to be any reason why the parties cannot,in their contractual undertaking,agree to make it a prerequisite to any dispute resolution.A sample clause might appear as follows:
加利福尼亚州和某些其他司法当局已正式通过法令,要求一份功过证书作为对建筑师起诉事故诉讼的前提条件.尽管得克萨斯州还没有通过这一有益的程序,但在那里,似乎不成为各方在他们的合同企业中不同意将其作为消除争议的前提条件的任何理由.一条样本条款可以示出如下：