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§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for
<br />design, bidding and price escalation; to determine what materials, equipment, component systems and types of
<br />construction are to be included in the Contract Documents; to make reasonable adjustments in the program and
<br />scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the
<br />estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the
<br />Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner
<br />requests detailed cost estimating services, the Architect shall provide such services as an A Service under
<br />Article 4.
<br />§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Archjteclj submits the
<br />Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the -I
<br />Work shall be adjusted to reflect 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 b dg for the Cost of the
<br />Work, the Architect shall make appropriate recommendations to the Owner to adjust the Pr je '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 budget for the Cost of the Work at the conclusion of the Construction
<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 qual
<br />the Cost of the 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, sha
<br />modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of th
<br />conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. T
<br />Architect's modification of the Construction Documents shall be the limit of the Architect'
<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
<br />transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
<br />Service or any other information or documentation in digital form, they shall endeavor to establish necessary
<br />protocols governing 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 com on law, statutory and
<br />other reserved rights, including copyrights. Submission or distribution of Instruments of Se i to meet ficjal
<br />regulatory requirements or for similar purposes in connection with the Project is not to be c nsrued as pu lication
<br />in 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 o 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
<br />of 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 su pliers, as well as the
<br />Owner's consultants and separate contractors, to reproduce applicable portions of the Instr ents of Service solely
<br />and exclusively for use in performing services or construction for the Project. If the Archit t rightfully terminates
<br />this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 hall terminate.
<br />§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author df the Instruments of
<br />Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
<br />from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
<br />AIA Document B101= - 2007 (formerly B151= - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.
<br />All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction
<br />or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
<br />the maximum extent possible under the law. This draft was produced by AIA software at 08:58:13 on 08/05/2014 under Order No.24873850101
<br />which expires on 01/27/2015, and is not for resale.
<br />User Notes: (945321818)
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