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5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the fumishing, proposal or establishment of a Project budget, unless such Fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fi.ced limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.23 If the Bidding or Negotiation Phase has not commenced within 9o days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 5.2.4 If a fxed limit of Construction Cost (adjusted as provided in Subparagraph 5,2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shalL• .i give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .a terminate in accordance with 1'aragraph 8.5; or .a cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owiler chooses to proceed under Clause 5•2•4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construdion Phase is cominenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respeci to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 6.2 llpon execution oF this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce ihe Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultaMs consistent with this ikgreement. Any termination oE this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely Eor purposes of completing, using and maintaining the Project. WGRIJIIVf:Iilirenee.l nl,n?n?nn.,?nn -W..- 11 e k?.... .,J ...:il ...L:__. sL_ ... .__ ._ .. . •?I.. I' '1 I ill) e o d. 'o oo.?.oo ? 01997 AIAO AIA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITECi AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washin.gton, D.C. 20006-5292