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§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for <br />design, bidding and price escalation; to determine what materials, equipment, component systems and types of <br />construction are to be included in the Contract Documents; to make reasonable adjustments in the program and <br />scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the <br />estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the <br />Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner <br />requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under <br />Article 4. <br />§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the <br />Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the <br />Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. <br />§ 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 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 />§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall <br />modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the <br />conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The <br />Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this <br />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 <br />transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of <br />Service or any other information or documentation in digital form, they shall endeavor to establish necessary <br />protocols governing such transmissions. <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 <br />in derogation of the reserved rights of the Architect and the Architect's consultants. <br />§ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the <br />Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering <br />and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment <br />of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the <br />Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to <br />authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the <br />Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely <br />and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates <br />this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. <br />AIA Document B701 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights <br />Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 12 <br />of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxi rry}{gA� M p �511�1 �r 2 \n <br />under the law. This document was produced by AIA software at 09:14:42 on 11/08/2016 under Order No.7362255683_1 which expires on a d is <br />not for resale. <br />User Notes: G_6 Pa (125698433) <br />g <br />