§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost
of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the
Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or
_budget, and the Owner shall cooperate with the Architect in making such adjustments.
esign Development
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§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of
Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall
1 give written approval of an increase in the budget for the Cost of the Work;
.2 in consultation with the Architect and Construction Manager, revise the Project program, scope, or
quality as required to reduce the Cost of the Work; or sd
38 implement any other mutually acceptable alternative, (© grmenenmnnrnmnrmmmnermone ore
incorporate the required modifications in the Construction Documents Phase as necessary tb comply with the
Owner’s budget for the Cost of the Work at the conclusion of the Design Development Phas€ Services, or the budget
as adjusted under Section 6.5.1. The Architect’s modification of the Construction Documer{ts’shall be the limit of
the Architect’s responsibility as a Basic Service under this Article 6.
§ 6.6 If the Owner chooses to proceed under Section 6.5.2, the Architect, without additiona pov shall
§ 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service| make any
required revisions to the Drawings, Specifications or other documents necessitated by the Gongtruction Manager’s
subsequent cost estimates, the Guaranteed Maximum Price proposal, or Control Estimate tiat exceed the er’s
budget for the Cost of the Work, except when the excess is due to changes initiated by the Arcliitecthrscope, basic
systems, or the kinds and quality of materials, finishes or equipment. 7
ARTICLE7 COPYRIGHTS AND LICENSES |
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the” A
transmitting party is the copyright owner of such information or has permission from the copyright ownger-to~
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Insfruments-of
Service or any other information or documentation in digital form, they shall endeavor to establish necesSary
protocols governing such transmissions.
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§7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of thei Fespective™
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory-and —
other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official ~~
regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication ~
in derogation of the reserved rights of the Architect and the Architect's consultants. ee
§ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive wen to us ne\ ee
Architect’s Instraments of Service solely and exclusively for purposes of constructing, using, ndaintainin altérin, oe
and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payznent
of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses frorp th
Architect’s consultants consistent with this Agreement. The license granted under this section permits the[Owner to
authorize the Construction Manager, Subcontractors, Sub-subcontractors, and material or equipment suppliers. a _
well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of |
Service solely and exclusively for use in performing services or construction for the Project-Ifthe-Architect-——-——---- >
rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shail
terminate. enemy,
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ss,
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§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors ofthe struments of ~~.
Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and fg action arising
from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
Architect and its consultants from all costs and expenses, including the cost of defense, relgted to claims and causes
of action asserted by any third person or entity to the extent such costs and expenses arise the Owner’s use of
the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall no} apply if the Owner
rightfully terminates this Agreement for cause under Section 9.4. ee
AIA Document Bi33™ - 2014. Copyright © 2014 by The American Institute of Architects. All rights resexved. WARNING: This AIA" Document is
protacted by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of thia AIA” Document, 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. 16
This draft was produced by AIA software at 12:43:58 on 07/18/2016 under Order No, 1575871642 1 which expires on 02/08/2017, and is not for
resale,
User Notes: (1146770772)
