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§ 6.5 If at any time the Engineer's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the
<br /> Work,the Engineer 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 Engineer 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 /> .2 authorize rebidding or renegotiating of the Project within a reasonable time;
<br /> .3 terminate in accordance with Section 9.5;
<br /> .4 1n consultation with the Engineer,revise the Project program,scope,or quality as required to reduce the
<br /> 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 Engineer 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 Engineer 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 Engineer could not reasonably anticipate,the Owner
<br /> shall compensate the Engineer for the modifications as an Additional Service pursuant to Section 11.3;otherwise the
<br /> Engineer's services for modifying the Construction Documents shall be without additional compensation.In any
<br /> event,the Engineer's modification of the Construction Documents shall be the limit of the Engineer's responsibility
<br /> under this Article 6.
<br /> ARTICLE 7 COPYRIGHTS AND LICENSES
<br /> § 7.1 The Engineer 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 Engineer and the Engineer'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 ofthe reserved rights ofthe Engineer and the Engineer's consultants.
<br /> § 7.3 The Engineer grants to the Owner a nonexclusive license to use the Engineer's Instruments of Service solely and
<br /> 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 Engineer shall obtain similar nonexclusive licenses from the Engineer's
<br /> consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the
<br /> Contractor,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate
<br /> contractors,to reproduce applicable portions ofthe 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 /> Engineer rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section
<br /> 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 Engineer and Engineer'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 /> Engineer and its consultants from all posts 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 terns of this Section 7.3.1 shall not apply if the Owner rightfully
<br /> 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 /> er any license
<br /> under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transf
<br /> granted herein to another party without the prior written agreement of the Engineer.Any unauthorized use ce the
<br /> Init. Institute AIA Document ment B101`-2017.Copyright X11974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The'American
<br /> ATA,,,the AtA Logi,and"AIA Go ts'are registered trademarks and' €of be d withoutpermission.This document was
<br /> t produced by AIA software at 16:49.33 ET on 10/28/2021 under Order Na.0378037672 which �J
<br /> only,and may only be used in accordance with the RIA Contract Documentsa Terms of Service.To repo rttccopyri h;violati resale,mil coli��air one, use
<br /> User Notes: report PY PY taia.org.
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