<br />§ 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the
<br />Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of
<br />management or supervision of construction or installation provided by a separate construction manager or
<br />contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for
<br />contingencies shall be included for market conditions at the time of bidding and for changes in the Work.
<br />
<br />§ 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants,
<br />the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner.
<br />
<br />§ 1,3.2 INSTRUMENTS OF SERVICE
<br />§ 1.3.2.1 Drawíngs, spf:cifications and other documents, including those in electronic form, prepared by the Architect
<br />and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect
<br />and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service
<br />and shall retain all common law, statutory and other reserved rights, including copyrights,
<br />
<br />§ 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce
<br />the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project,
<br />provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under
<br />this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent
<br />with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this
<br />license. Upon such tern1Ìnition, the Owner shall refrain from makíng further reproductions of Instruments of Service
<br />and shall return to the ArchüeClwithin seven days of termination all originals and reproductions in the Owner's
<br />possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing
<br />license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to
<br />authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make
<br />changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and
<br />maintaining the Project.
<br />
<br />§ 1.3.2.3 Except for thelìcenses granted in Section 1.3,2,2, no other license or right shall be deemed granted or
<br />implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any
<br />license granted herein to another party without the prior written agreement of the Architect. However, the Owner
<br />shall be permittedtoauthotize the tractor, Subcontractors, Sub-subcontractors and material or equipment
<br />suppliers to reproduce applicable of the Instruments of Service appropriate to and for use in their execution
<br />of the Work by license grantedin 'on 1.3,2.2. Submission or distribution of Instruments of Service to meet
<br />official regulatory requirements or for similar purposes in connection with the Project is not to be construed as
<br />publication ín derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not
<br />use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the
<br />Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of
<br />the Instruments of Service shaIlbeatthe Owner's sole risk and without liability to the Architect and the Architect's
<br />consultants.
<br />
<br />§ 1.3.2.4 Prior to the Arehitéct providing to the Owner any Instruments of Service in electronic form or the Owner
<br />providing to the Archítect any electronic data for incorporation into the Instruments of Service, the Owner and the
<br />Architect shall by separate written agreement set forth the specific conditions governing the format of such
<br />Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this
<br />Agreement.
<br />
<br />§ 1.3.3 CHANGE IN SERVICES
<br />§ 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be
<br />aecomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing,
<br />if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in
<br />Section 1.3.3.2, In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to
<br />providing such services, If the Owner deems that all or a part of such Change in Services is not required, the Owner
<br />shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those
<br />services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the
<br />Architect to an adjustment in compensation pursuant to Section 1,5,2, and to any Reimbursable Expenses described
<br />in Section 1.3,9.2 and Section 1.5.5.
<br />
<br />AlA Document 8141'" -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
<br />American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S, Copyright Law and International Treaties,
<br />Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may result in severe civil and criminal penalties, and will be
<br />prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:42:20 on 10/29/2004 under Order
<br />No.1000091736_1 which expires on 1/12/2005, and is not for resale.
<br />User Notes:
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