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written notice to the Owner if the Architect becomes aware of any errors, omissions or
<br />inconsistencies in such services or information.
<br />ARTICLE 1.3 TERMS AND CONDITIONS
<br />1.3.1 COST OF THE WORK
<br />1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not
<br />completed, the estimated cost to the Owner of all elements of the Project designed or
<br />specified by the Architect.
<br />1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and
<br />materials furnished by the Owner and equipment designed, specified, selected or specially
<br />provided for by the Architect, including the costs of management or supervision of
<br />construction or installation provided by a separate construction manager or contractor, plus
<br />a reasonable allowance for their overhead and profit. In addition, a reasonable allowance
<br />for contingencies shall be included for market conditions at the time of bidding and for
<br />changes in the Work.
<br />1.3.1.3 T'he Cost of the Work does not include the compensation of the Architect and the
<br />Architect's consultants, the costs of the land, rights-of--way and financing or other costs that
<br />are the responsibility of the Owner.
<br />1.3.2 INSTRUMENTS OF SERVICE
<br />1.3.2.1 Drawings, specifications and other documents, including those in electronic
<br />form, prepared by the Architect and the Architect's consultants are Instruments of Service
<br />for use solely with respect to this Project. The Architect and the Architect's consultants
<br />shall be deemed the authors and owners of their respective Instruments of Service and shall
<br />retain all common law, statutory and other reserved rights, including copyrights.
<br />1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a
<br />nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes
<br />of constructing, using and maintaining the Project, provided that the Owner shall comply
<br />with all obligations, including prompt payment of all sums when due, under this
<br />Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's
<br />consultants consistent with this Agreement. Any termination of this Agreement prior to
<br />completion of the Project shall terminate this license. Upon such termination, the Owner
<br />shall refrain from making further reproductions of Instruments of Service and to the extent
<br />permittedby North Carolina law, shall return to the Architect within seven days of
<br />termination all originals and reproductions in the Owner's possession or control. If and
<br />upon the date the Architect is adjudged in default of this Agreement, the foregoing license
<br />shall be deemed terminated and replaced by a second, nonexclusive license permitting the
<br />Owner to authorize other similarly credentialed design professionals to reproduce and,
<br />where permitted by law, to make changes, corrections or additions to the Instruments of
<br />Service solely for purposes of completing, using and maintaining the Project.
<br />1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, no other license or right
<br />shall be deemed granted or implied under this Agreement. The Owner shall not assign,
<br />delegate, sublicense, pledge or otherwise transfer any license granted herein to another
<br />party without the prior written agreement of the Architect. However, the Owner shall be
<br />permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or
<br />equipment suppliers to reproduce applicable portions of the Instruments of Service
<br />appropriate to and for use in their execution of the Work by license granted in
<br />Subparagraph 1.3.2.2. 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
<br />construed as publication in derogation of the reserved rights of the Architect and the
<br />Architect's consultants. The Owner shall not use the Instruments of Service for future
<br />additions or alterations to this Project or for other projects, unless the Owner obtains the
<br />prior written agreement of the Architect and the Architect's consultants. Any unauthorized
<br />~ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ®1997 by the American
<br />Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written
<br />permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.
<br />WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legs] prosecution.
<br />This document was electronically produced with permission of the AIA and can be reproduced in accordance with your
<br />license without violation until the date of expiration as noted below. User Document 97b141.aia -- 6/18/2002. AIA
<br />License Number 1111656.
<br />This document has Jmportant legal
<br />consequences. Consultation with an
<br />attorney is encouraged with respect
<br />to its completion or modificatlon.
<br />AUTHENTICATION OF THIS
<br />ELECTRONICALLY DRAFTED AIA
<br />DOCUMENT MAY BE MADE BY
<br />USING AIA DOCUMENT D401.
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<br />dear an
<br />AIA DOCUMENT 8141-1997
<br />STANDARD FORM AGREEMENT
<br />The American Institute of Architects
<br />1735 New York Avenue, N.W.
<br />Washington, D.C. 20006-5292
<br />
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