Init.
§ 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the
Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work shall be
adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 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
Work. the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or
budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.6 [f the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services
is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
‘1 give written approvai of an increase in the budget for the Cost of the Work:
2 authorize rebidding or renegotiating of the Project within a reasonable time:
3 terminate in accordance with Section 9.5:
4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
the Cost of the Work: or,
‘5 implement any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as
necessary to comply with the Owner's budget for the Cost of the Work al the conclusion of the Construction
Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to
modify the Construction Documents because the lowesi bona fide bid or negouated proposal exceeds the Owner's
budget for the Cost of the Work duc to market conditions the Architeet could not reasonably anticipate, the Owner
shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the
Architect’s services for modifying the Construction Documents shall be without additional compensation, In any
event, ihe Architect's modification of the Construction Documents shal! be the linit of the Architect's responsibility
under this Article 6.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant thal in ransmiiting Instruments of Service. or any other information. the
transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit
such information for its use on the Project.
§ 7.2 The Architect hereby assigns to the Owner, without reservation, all copyrights in all Project-related documents,
models, photographs, and other expression created by the Architect, Among those documents are certain "Instruments
of Service,” including the design drawings and the Construction Ducumients. The Owner’s obligation to pay the
Architect is expressly conditioned upon the Architect's obtaining a valid written comprehensive assignment of
copyrights from its Consultants in terms identical to those the obligate the Architect to the Owner ag expressed in this
subsection, which copyrights the Architect, in lurn, hereby assigns to the Owner. The Owner, in return, hereby grants
the Architect and its Consuttants a revocable, nonexclusive license to reproduce the documents for purposes relating
directly to the Architect's performance of its obligations under this Agreement for the Architect’s archival records,
and for the Architect's reproduction of drawings and photographs in the Architect’s marketing materials, provided that
the Project-related contents of those materials are approved as request in Section 7.3 of this Agreement. This
nonexclusive license shall terminate automatically upon the occurrence of either a breach of this Agreement by the
Architect or the accused commission by the Architect of a torl ora crime affecting the Owner or the Project or upon
termination of this Agreement. This nonexclusive license is granted to the Architect alone and shall not be assigned by
the Architect to any other person or entity, except that the nonexclusive license granted in this Agreement to the
Architect for purposes of the Architect's performance hereunder may be sub-licensed to the Architect's Consultants
(with the same limitations). Subject to the foregoing, this nonexclusive license shall terminate automatically upon and
Architect’s assignment of this nonexclusive license to another or ils attempt to do so.
§ 7.3 The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this
Agreement.
§ 7.3.1 To the extent that liability arises from misuse of the misuse of the Instruments of Service by the Owner or another
architect or engineer, the Architect shall not be responsible for that misuse. If the Owner uses the Instruments of Services for
purposes including additions to and modifications of the Project, and for other projects, th Owner shall indemnify the Architect for
AIA Document B101™ — 2017, Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Att rights reserved. WARMING. This
AIA” Document is protected by US. Copyright Law and International Treaties. Unauthorized reproduction ar distribution of this AIA” Document. or any 47
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