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and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost ofthe Work
<br />to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based
<br />on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating
<br />services, the Architect shall provide such services as an Additional Service under Article 4.
<br />§ 6.4 If the bidding has not commenced within 90 days after the Architect submits the Construction Documents to the
<br />Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect
<br />changes in the general level of prices in the applicable construction market.
<br />§ 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the
<br />Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or
<br />budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
<br />§ 6.6 If the Owner's current budget for the Cost of the Work at the conclusion of the Construction Documents Phase
<br />Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
<br />.1 give written approval of an increase in the budget for the Cost of the Work;
<br />.2 authorize rebidding or renegotiating of the Project within a reasonable time;
<br />.3 terminate in accordance with Section 9.5;
<br />.4 in consultation with the Architect, revise the Project program, scope, or quality as %equired to reduce the
<br />Cost ofthe Work; or
<br />.5 implement any other mutually acceptable alternative.
<br />§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional. compensation, shall
<br />modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the
<br />conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The
<br />Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this
<br />Article 6.
<br />ARTICLE 7 COPYRIGHTS AND LICENSES
<br />§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
<br />transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit
<br />such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any
<br />other information or documentation in digital form, they shall endeavor to establish necessary protocols governing
<br />such transmissions.
<br />§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
<br />Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
<br />other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official
<br />regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in
<br />derogation of the reserved rights of the Architect and the Architect's consultants.
<br />§ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the
<br />Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering
<br />and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of
<br />all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the
<br />Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to
<br />authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the
<br />Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely
<br />and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this
<br />Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.
<br />§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining author of the Instruments of Service,
<br />the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such
<br />uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its
<br />consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted
<br />by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of
<br />AIA Document 5104.' - 2007. Copyright e 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. A11 rights reserved. WARNING:
<br />This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document,
<br />or any portion of it, may result in vil and criminal penalties, and mill be prosecuted to the maximum extent possible under the lam.
<br />This draft was produced by AIA software at 16:22:58 on 07/21/2014 under Order No.4664407957 which expires on 07/21/2015, and is not for resale.
<br />User Notes: a (3B9ADA2C)
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