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§ 3.1.13 Royalties, Patents and Copyrights
<br />§ 3.1.13.1 The Design -Builder shall pay all royalties and license fees.
<br />§ 3.1.13.2 The Design -Builder shall defend suits or claims for infringement of copyrights and patent rights and shall
<br />hold the Owner and its separate contractors and consultants harmless from loss on account thereof, but shall not be
<br />responsible for such defense or loss when a particular design, process or product of a particular manufacturer or
<br />manufacturers is required by the Owner, or where the copyright violations are required in th6bwner's Criteria.
<br />However, if the Design -Builder has reason to believe that the design, process or product req4lred in the Owner's
<br />Criteria is an infringement of a copyright or a patent, the Design -Builder shall be responsibl6 `;for such loss unless
<br />such information is promptly furnished to the Owner. If the Owner receives notice from a pdtb_n-t,.-,or..:,c.opyright owner
<br />of an alleged violation of a patent or copyright, attributable to the Design -Builder, the Owner shall glvQ"' prompt
<br />written notice to the Design -Builder.
<br />§ 3.1.14 Indemnification
<br />§ 3.1.14.1 To the fullest extent permitted by law, the Design -Builder shall indemnify and hAlharmless the Owner,
<br />including the Owner's agents and employees, from and against claims, damages, losses and expenses, including but
<br />not limited to attorneys' fees, arising out of or resulting from performance of the Work, but only:,, the extent caused
<br />by the negligent acts or omissions of the Design -Builder, Architect, a Consultant, a Contract.o.r., or'l anyone directly or
<br />indirectly employed by them or anyone for whose acts they may be liable. Such obligation sbWl h6t be construed to
<br />negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to.. a party or person
<br />described in this Section 3.1.14.
<br />§ 3.1.14.2 The indemnification obligation under this Section 3.1.14 shall not be limited by a tTlt on 'on amount or
<br />type of damages, compensation, or benefits payable by or for Design -Builder, Architect, a Consultant, a Contractor,
<br />or anyone directly or indirectly employed by them, under workers' compensation acts, disability benefit acts or other
<br />employee benefit acts.
<br />§ 3.1.15 Contingent Assignment of Agreements
<br />§ 3.1.15.1 Each agreement for a portion of the Work is assigned by the Design -Builder to the.,,O wVh"er, provided that
<br />.1 assignment is effective only after termination of the Contract by the Owner for, reuse pursuant to
<br />Sections 13.1.4 or 13.2.2,, and only for those agreements that the Owner acce�(s t' )-Y written
<br />notification to the Design -Builder and the Architect, Consultants., and Contractor"S whose agreements
<br />are accepted for assignment; and
<br />.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relafin' to the
<br />Contract.
<br />When the Owner accepts the assignment of an agreement, the Owner assumes the Design-Buil fights and
<br />obligations under the agreement.
<br />§ 3.1.15.2 Upon such assignment, if the Work has been suspended for more than 30 days, thdc"oni'p"'einsation under the
<br />assigned agreement shall be equitably adjusted for increases in cost resulting from the susp 68io A`
<br />§ 3.1.15.3 Upon such assignment to the Owner under this Section 3.1.15, the Owner may f1ir ffier..s'isigna., the
<br />agreement to a successor design -builder or other entity. If the Owner assigns the agreement to a successor design -
<br />builder or other entity, the Owner shall nevertheless remain legally responsible for all of the 'successor -design -
<br />builder's or other entity's obligations under the agreement.
<br />§ 3.1.16 Design -Builder's Insurance and Bonds. The Design -Builder shall purchase and
<br />provide bonds as set forth in Exhibit B.
<br />ARTICLE 4 WORK PRIOR TO EXECUTION OF THE DESIGN -BUILD AMENDMENT
<br />§ 4.1 General
<br />§ 4.1.1 Any information submitted by the Design -Builder, and any interim decisions m
<br />the purpose of facilitating the design process and shall not modify the Owner's Criteri(,
<br />Design -Builder execute a Modification.
<br />,., and
<br />shall be for
<br />and
<br />AIA Document A1411 - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIAP
<br />Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document
<br />or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the 10
<br />law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is
<br />not for resale.
<br />User Notes: (3B9ADA54)
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