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§ 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the
<br />Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or
<br />budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
<br />§ 6.6 If the Owner's current budget for the Cost of the Work at the conclusion of the Construction Documents Phase
<br />Services 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 authorize rebidding or renegotiating of the Project within a reasonable time
<br />.3 terminate in accordance with Section 9.5
<br />.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
<br />the Cost of the Work or
<br />.5 implement any other mutually acceptable alternative.
<br />§ 6.71f the Owner chooses to proceed under Section 6.6.4, the Architect shall 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. If the Owner requires the Architect to modify
<br />the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the
<br />Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the
<br />Architect for the modifications as an Additional Service pursuant to Section 11.3, otherwise the Architect's services shall
<br />be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be
<br />the limit of the Architect's responsibility under this Article 6.
<br />ARTICLE 7 COPYRIGHTS AND LICENSES
<br />§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
<br />transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit
<br />such information for its use on the Project.
<br />§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
<br />Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
<br />other reserved rights, including copyrights. 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 construed as publication in
<br />derogation of the reserved rights of the Architect and the Architect's consultants.
<br />17.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and
<br />exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the
<br />Owner substantially performs its obligations under this Agreement, including prompt payment of all sums when due
<br />pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's
<br />consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the
<br />Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate
<br />contractors, to reproduee applicable portions of the Instruments of Service, subject to any protocols established
<br />pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the
<br />Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section
<br />7.3 shall terminate.
<br />§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of
<br />Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
<br />from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
<br />Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of
<br />action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the
<br />Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully
<br />terminates this Agreement for cause under Section 9.4.
<br />§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied
<br />under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license
<br />granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the
<br />Init AIA Document 8104 — 2017. Copyright 01974. 1978, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of
<br />Architects,' "AIA; the AIA Logo, and "AIA Contract Documents' are registered trademarks of The American Institute of Architects. This document was produced at
<br />09:23:24 ET on 08/08/2023 under Order No.3104238359 which expires on 04/12/2024, is not for resale, is licensed for one-time use only, and may only be used in
<br />accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />Ussr Notes: (2032889426)
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