2020-26 - Approve Design Build of Cove Church

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the Design -Builder's liability with respect to the Design -Builder's obligations other than specifically to correct the Work. § 11.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Design -Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not finat�g"ayment has been made. ARTICLE 12 COPYRIGHTS AND LICENSES § 12.1 Drawings, specifications, and other documents furnished by the Design -Builder, including thosein electronic form, are Instruments of Service. The Design -Builder, and the Architect, Consultants, Contr'A"-p ors, and any other person or entity providing services or work for any of them, shall be deemed the authors anc wners of their respective Instruments of Service, including the Drawings and Specifications, and shall retaW all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Insthiments 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 Design -Builder and the Architect, Q 6'ns u, -.1tants, and Contractors, and any other person or entity providing services or work for any of them. 12.2 The Design -Builder 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 permis$1-onliftom the copyright owner to transmit such information for its use on the Project. . ..... . § 12.3 Upon execution of the Agreement, the Design -Builder grants to the Owner a limited, irrevocable and non- exclusive license to use the Instruments of Service solely and exclusively for purposes of constructing,-,��,using, . maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under the Design -Build Documents. The licensp"'gr Anted under this section permits the Owner to authorize its consultants and separate contractors to reproduce apoliQ4"le portions of the Instruments of Service solely and exclusively for use in performing services or construct;.i--':':o:�'nfor the Project. If the Design -Builder rightfully terminates this Agreement for cause as provided in Section 13.1.4i!`of.J`-.13 .1 the license granted in this Section 12.3 shall terminate. § 12.3.1 The Design -Builder shall obtain non-exclusive licenses from the Architect, Consultants,' `�� d "C�,ontractors, that will allow the Design -Builder to satisfy its obligations to the Owner under this Article 12. The Op$'ign-Builder's licenses from the Architect and its Consultants and Contractors shall also allow the Owner, in the event this Agreement is terminated for any reason other than the default of the Owner or in the event thqDesign-Builder's Architect Consultants, or Contractors terminate their agreements with the Design -Builder fbi caiisq, to obtain a limited, irrevocable and non-exclusive license solely and exclusively for purposes of con str4q,t SM95 maintaining, altering and adding to the Project, provided that the Owner (1) agrees to pay toithe '6itect, Consultant or Contractor all amounts due,, and (2) provide the Architect, Consultant or Con the Owner's written agreement to indemnify and hold harmless the Architect, Consultant or Contractor 6mcosts and expenses, including the cost of defense, related to claims and causes of action asserted by ad thid person or entity to the extent such costs and expenses arise from the Owner's alteration or use of the Instru�-' nts.."I" Service. ........ .. "' "i" - § 12.3.2 In the event the Owner alters the Instruments of Service without the author's written" authorization or uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Design -Builder, Architect, Consultants, Contractors and any other person or entity providing sery 1&,s or work for any of them, from all claims and causes of action arising from or related to such uses. The 0 wA`ne--r,:,.to"`the extent permitted by law, further agrees to indemnify and hold harmless the Design -Builder, Archit6bf,` Constants, Contractors and any other person or entity providing services or work for any of them, from 11 costs ,and expenses., including the cost of defense, related to claims and causes of action asserted by any third persn or e;,,* to the extent such costs and expenses arise from the Owner's alteration or use of the Instruments ofunder this Section 12.3.2. The terms of this Section 12.3.2 shall not apply if the Owner rightfully termites this Agreement for cause under Sections 13.1.4 or 13.2.2. 10 AIA Document A1411` - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 27 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the 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 not for resale. User Notes: (3B9ADA54)