give written approval of an increase in the budget for the Cost of the Work:
authorize rebidding or renegotiating of the Project within a reasonable time;
terminate in accordance with Section 9.5:
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.
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§ 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 at 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 lowest bona fide bid or negotiated proposal exceeds the Owner’s
budget for the Cost of the Work due to market conditions the Architect 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, the Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility
under this Article 6.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting 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 and the Architect’s consultants shall be deemed the authors and owners of their respective
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.
§ 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely
and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the
Owner substantially performs its obligations under this Agreement, including prompt payment of all undisputed
sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the
Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to
authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and
separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols
established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the
Project.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of
Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of 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, related to claims and causes
of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of
the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner
rightfully terminates this Agreement for cause under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied
under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license
granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the
Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s
consultants.
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