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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
<br /> Services is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall
<br /> J: 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 /> Init. AIA Document B101—2017.Copyright @ 1974,1978,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute
<br /> of Architects;"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16
<br /> 17:10:13 ET on 11/30/2023 under Order No.4104245152 which expires on 09/10/2024,is not for resale,is licensed for one-time use only,and may only be used
<br /> in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com.
<br /> User Notes: (389ADA28)
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