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Agenda - 12-11-2007-4k
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Agenda - 12-11-2007-4k
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9/1/2008 9:48:37 PM
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8/28/2008 10:40:02 AM
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BOCC
Date
12/11/2007
Document Type
Agenda
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4k
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Minutes - 20071211
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<br /> <br />obtain simlar nonexclusive licenses 6•om the Architect's consultants consistent with this <br />Agreement. tiny termination of tlv Agreement prior to completion of the Project shall terminate <br />this license. llpon such termination, the Owner shall refrain from making further reproductions <br />of instruments of Service and shall return to the Architect withhi seven days of termination all <br />originals and reproductions in the Owner's possession or control. If and upon the date the <br />Architect is adjudged in default of this Agreement, the foregoing license shall be deemed <br />terminated and replaced by a second, nonexclusive license permitting the Owner to authorize <br />other similarly credentialed design professionals to reproduce and, where permitted by lativ, to <br />make changes, corxections or additions to the Instruments of Service solel}= for purposes of <br />completing, using and maintaining the Project. <br />3.3.23 Except for the licenses granted in Subparagraph t.3.z.z, no other license or right shall be <br />deemed granted or implied under this Agreement. The Otivner shaIl not assign, delegate, <br />sublicense, pledge or othen4~se transfer any license granted herein to another party without the <br />prior written agreement of the Architect. Hovrever, the Owner shall be perntted to authorize the <br />Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to <br />reproduce applicable portions of the Instruments of Service appropriate to and for use in their <br />execution of the bl~ork by license granted in Subparagraph >_.3.z.z. Submission yr distribution of <br />Instruments of Service to meet official regulatory requirements or for similar purposes in <br />connection w=ith the Project is not to be construed as publicativn in derogation of the reserved <br />rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments <br />of Sen=ice for fut~.lre additions or alterations io this Project or For other projects, unless the Owner <br />obtauzs the prior written agreement of the Architect and the Architect's consultants. Azry <br />unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without <br />liability to the Architect and the Architect's consultants. <br />1.3.2.4 Prior to the Architect pmviding to the Owner any Instruments of Service in electronic <br />form or the Owner providing to the Architect any electronic data for incorporation into the <br />Instruments of Service, the Owner and the Architect shall by separate written agreement set forth <br />the specific conditions governing the format of such Instruments of Service or electronic data, <br />including any special limitations or licenses not otherv`=ise provided in this Agreement. <br />1.3.3 CHANGE IN SERVICES <br />1.3.3.1 Change in Services of the Architect, including services required of the Arclitect's <br />consultants, ma}= be accomplished after execution of this Agreement, without invalidating the <br />Agreement, if mutually agreed in lwriting, if required by circumstances beyond the Architect's <br />control, or if the Architect's sen~ces are affected as described in Subparagraph i.3.3.s. In ilie <br />absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing <br />such services. If the Owner deems that all or a part of such Change in Services is not required, the <br />O>nmer shall give prompt tivritten notice to the Architect, and the Architect shall have no <br />obligation tv provide those ser~2ces. Except for a change due to the fault of the Architect, Change <br />in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant <br />to Paragraph 1.5.a, and to any Reimbursable Expenses described in Subparagraph 1.3.9 ~ and lljf <br />Paragraph 1.5.5. <br /> <br />1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, a o <br />°d'cx"~ o° <br />-- <br />the Architect shall be entitled to an appropriate adjustrnent in the Architect's schedule r <br />, <br />and compensation: °' e 9' a ! A r <br />AIA pOCUMEN'F 8141-1997 <br />.1 Change In the 1nstRiGt10IIS of approvals given by the O\Vner that nece5511aie L"eV151Q115 1n STANDARD FORM <br />Instruments of Serviece; AGREEMENT <br />.2 enactment or rev=ision of cedes, laws or regulations or official interpretations which <br />necessitate changes to previously prepared Instruments of Sen=ice; The American Institute <br />of Architects <br /> 1735 New York Avenue, N.W. <br /> Washington, D.C. 20006-5292 <br />ttdA?Pd1~G: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. <br />
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