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§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits Construction
<br /> Documents to the Owner,through no fault of the Architect,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 an estimate of the Cost of the Work prepared by the Architect exceeds the Owner's budget for the
<br /> Cost of the Work,the Architect shall make appropriate recommendations to the Owner to adjust the Project's size,
<br /> quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such
<br /> adjustments.
<br /> § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services
<br /> is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall
<br /> .1 give written approval of an increase in the budget for the Cost of the Work,
<br /> .2 implement any other mutually acceptable alternative, or
<br /> .3 terminate in accordance with Section 9.4.
<br /> § 6.7 In addition to the options available in Section 6.6,if the Owner's budget for the Cost of the Work at the
<br /> conclusion of the Construction Documents Phase Services is exceeded by percent( 15 %),the Owner may
<br /> .1 authorize rebidding or renegotiating of the Project within a reasonable time,or
<br /> .2 in consultation with the Architect,revise the Project program, scope, or quality as required to reduce
<br /> the Cost of the Work.
<br /> § 6.8 Ifthe Owner chooses to proceed under Section 6.7.2,and the Owner's budget was exceeded for causes within the
<br /> Architect's reasonable control,the Architect shall,as a Pro Bono Service,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.The Architect's modification of the
<br /> Construction Documents shall be the limit of the Architect's responsibility under this Article 6.Notwithstanding the
<br /> foregoing,however,to the extent that the inability to meet the Owner's budget arises out of(a)significant increases in
<br /> the cost of construction materials or labor which do not reflect increases in such costs which have been consistently
<br /> experienced in the locale of the Project for at least 6 months prior to the commencement of construction;(b)material
<br /> changes to the Project required by the Owner or any agent or representative of the Owner or;(c)any other
<br /> circumstance,event,or occurrence outside of the control of the Architect,then any modification shall be compensated
<br /> as Additional Services or,in the event that Additional Services are not agreed upon between the Owner and the
<br /> Architect,shall constitute grounds for termination of this Agreement by the Architect.
<br /> ARTICLE 7 COPYRIGHTS AND LICENSES
<br /> § 7.1 Drawings,specifications and other documents prepared by the Architect are instruments of the Architect's
<br /> service and are for the Owner's use solely with respect to this Project.The Architect shall retain all common law,
<br /> statutory and other reserved rights,including the copyright.Upon completion of the Project,or termination of this
<br /> Agreement by the Architect for cause as specified in Article 9,the Owner's right to use the instruments of service shall
<br /> cease.In the event the Owner terminates this Agreement for cause,or in the event the Owner or the Architect
<br /> terminates this Agreement for convenience,the Architect grants the Owner a non-exclusive license to subsequently
<br /> use the Architect's Instruments of Service solely for the purpose of completing the Project,provided that the Owner
<br /> substantially performs its obligations,including prompt payment of all sums when due,under this Agreement,and
<br /> subject to the conditions set forth in Section 7.1.2.
<br /> § 7.1.1 When transmitting copyright-protected information for use on the Project,the transmitting party represents
<br /> that it is either the copyright owner of the information, or has permission from the copyright owner to transmit the
<br /> information for its use on the Project.
<br /> § 7.1.2 In the event the Owner or the Architect terminates this Agreement for convenience,or in the event the Owner
<br /> uses the Instruments of Service without retaining the author of the Instruments of Service,the Owner releases the
<br /> Architect from all claims and causes of action arising from such uses.The Owner,to the extent permitted by law,
<br /> further agrees to indemnify and hold harmless the Architect from all costs and expenses,including the cost of defense,
<br /> related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise
<br /> from the Owner's use of the Instruments of Service under this Section 7.1.2.The terms of this Section 7.1.2 shall not
<br /> apply if the Owner rightfully terminates this Agreement for cause under Section 9.4.
<br /> AIA Document B106" -2010(rev.1012010).Copyright®2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document
<br /> Init. is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it, 9
<br /> may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by
<br /> AIA software at 13:35:01 on 03/12/2013 under Order No.3252469288_1 which expires on 12/31/2013,and is not for resale.
<br /> User Notes: (724650291)
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