|
Exhibit
<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 required to reduce
<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 shall modify the Construction Documents as
<br /> necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction
<br /> Documents Phase Services, or the budget as adjusted under Section 6.6.1.If the Owner requires the Architect to
<br /> modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's
<br /> budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate,the Owner
<br /> shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise
<br /> the Architect's services for modifying the Construction Documents shall be without additional compensation.In any
<br /> event,the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility
<br /> under this 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.
<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
<br /> in derogation of the reserved rights of the Architect and the Architect's consultants.
<br /> §7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely
<br /> and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the
<br /> Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due
<br /> pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's
<br /> consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize
<br /> the Contractor, Subcontractors, Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate
<br /> contractors,to reproduce applicable portions of the Instruments of Service,subject to any protocols established
<br /> pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the
<br /> Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this
<br /> Section 7.3 shall terminate.
<br /> §7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of 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 /> Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes
<br /> of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of
<br /> the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner
<br /> rightfully terminates this Agreement for cause under Section 9.4.
<br /> §7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied
<br /> under this Agreement. The Owner shall not assign,delegate, sublicense,pledge or otherwise transfer any license
<br /> granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the
<br /> Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
<br /> consultants.
<br /> §7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this
<br /> Agreement.
<br /> AIA Document B101 TM—2017.Copyright©1974,1979,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:
<br /> Init. This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document, 16
<br /> or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This
<br /> document was produced by AIA software at 14:48:43 on 12/12/2017 under Order No.3422979013 which expires on 11/08/2018,and is not for resale.
<br /> User Notes: (369ADA1 D)
<br />
|