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§ 6.4 If,through no fault of the Architect,the Procurement Phase has not commenced within 90 days after the
<br /> Architect submits the Construction Documents to the Owner,the Owner's budget for the Cost of the Work shall be
<br /> 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 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 budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services
<br /> 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 /> I authorize rebidding or renegotiating of the Project within a reasonable time;
<br /> .3 terminate in accordance with Section 9.5;
<br /> A 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,the Owner shall compensate the Architect for the modifications as an Additional
<br /> Service pursuant to Section 11.3;provided,however,to the extent such excess is proximately caused by a negligent
<br /> error or omission of Architect in performing the services required by this Agreement the Architect's services for
<br /> modifying the Construction Documents shall be without additional compensation.In any event,the Architect's
<br /> modification of the Construction Documents shall be the limit of the Architect's responsibility 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 transmit
<br /> 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 in
<br /> 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 and
<br /> exclusively for purposes of constructing,using,and maintaining the Project,provided that the Owner substantially
<br /> performs its obligations under this Agreement,including prompt payment of all sums due pursuant to Article 9 and
<br /> Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with
<br /> this Agreement.The license granted under this section permits the Owner to authorize the Contractor,Subcontractors,
<br /> Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors,to reproduce
<br /> applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,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 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 defend,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 of
<br /> action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the
<br /> Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully
<br /> terminates this Agreement for cause under Section 9.4.
<br /> Init. AM Document 0101"-2017.Copyright O 1974,1978,1987,1997,2007 and 2017 by The American institute of Architects.AN rights reserved.The`American
<br /> Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract documents'are registered trademarks and may not be used without permission.This document was 17
<br /> produced by AIA software at 14:38:09 ET on 04/14/2021 under Order No.2035534887 which expires on 04110/2022,is not for resale,is licensed for one-time use
<br /> 1 only,and may only be used in accordance with the AtA Contract Documentse Terns of Service.To report copyright violations,e-mail copyrightCaia.org.
<br /> User Notes: (1749244472)
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