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<br />changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and
<br />maintaining the Project.
<br />
<br />g 1.3.2.3 Except for the licenses 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 Architectr-HQwever, lhe Owner
<br />, ,
<br />shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and mat~riaf' or equipment
<br />suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for tise in lheir execution
<br />of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instrument~ of;Service to meet
<br />official regulatory requirements or for similar purposes in connection with the Project is nol to beConsliUoo as .. ."!
<br />publication in derogation of the reserved rights of the Architect and lhe Architect's consult~ts'iTheowner~shallnot.="R=~j
<br />use the Instruments of Service for future additions or alterations to this Project or for olher Projects, unless the
<br />Owner obtains the prior written agreement of 1:1).e Architect and the Architect's consultants.lJ\n~ unauthorized use of
<br />the Instruments of Service shall be at the Owner's sole risk and without liability to the Arct\itecl and the Architect's
<br />consultants. ~-~,'
<br />
<br />f~
<br />~ S
<br />g 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electrdbic form or theITWn,er
<br />providing to the Architect any electronic data for incorporation into the Instruments of Senfice~the Owner an~ the
<br />Architect shall by separate written agreement set forth the specific conditions governing th~ foQnat of suqh !
<br />Instruments of Service or electronic data, including any special limitations or licenses not ~the~se provided;in this
<br />Agreement. ! j !
<br />I !),'~". L_., I
<br />i 1.3.3 CHANGE IN SERVICES L=~="",_,~_._~_~~~
<br />~ 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be
<br />aCCOIilplished after execution of this Agreement, without invalidating the Agreement, if mutuallv lU!l"eed in writing, ...;/~
<br />if required by circumstances beyond the Architect's control, or if the Architect's services are affected as describeditr- . /
<br />Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner pri.$!~t~ ~...p',",
<br />providing such services. If the Owner deems that all or a part of such O1ange in Services is not t:€lquif&:l, th.>Owner
<br />shall give prompt written notice to the Architect, and the Architect shall have no obligati~tcfpro'1J!ethoSe I il
<br />services. Except for a change due to the fault of the Architect, Change in Services of the Aichitec1:shall entitle ~e
<br />~chiu:ct to an adjustment.in compensation pursuant to Section 1.5.2, and to anYReiIilburs~bleg~?s~'d~~betl
<br />ill Section 1.3.9.2 and Section 1.5.5.""'''"",,_ ~_
<br />
<br />i 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect s~~,~
<br />entitled to an appropriate adjustment in the Architect's schedule and compensation: ~
<br />
<br />.1 change.in ~e instructions or approvals given by the Owner that necessitate rersr.~~V~
<br />of SeMce, f i' '\ \ /' ,~",,;,
<br />.2 enactment or revision of codes, laws or regulations or official interpretationsJwl\(ch necessitatet dt'''/
<br />changes to previously prepared Instruments of Service; I!! (
<br />.3 d~~ions of the o~er not r~nde~ed in .a timely ~~ .' . Ii. Ii,
<br />.4 Significant change ill the PrOject illc1uding, but not llIDlted to, Size, quality, co leXlty, thelOvp-er s
<br />schedule or budget, or procurement method; I . "~d L-_
<br />.5 failure of performance on lhe part of the Owner or the Owner's consultants or contractors; I
<br />.6 preparation for and attendance at a public hearing, a dispute resolution procJedmg'or'a'legal~---~~_J
<br />proceeding except where the Architect is party thereto;
<br />
<br />Ii 1.3.4 lI:llIAn:ge in lhe informatioo oontained in Article 1.1. I/;:~
<br />
<br />i 1.3.4.1 Any claim, dispute or other matter in question arisiJ].g out of or related to this Agree~t shall be subject to \\ \
<br />mediation as a condition precedent to arbitration or the institution of legal or equitable ~e<tipgs by either party. l 'I
<br />If such matter relates to or is the subject of a lien arising out of the Architect's services, thetAr~.. 'tect may proceed in I .
<br />accordance with applicable law to comply with the lien notice or filing deadlines prior to n!'solu.ticn of the matter by I
<br />mediation or by arbitration. I L~...........-J I
<br />
<br />i 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matt~Sin question"between-~~
<br />them by mediaticn which, unless the parties mutually agree otherwise, shall be in accordance with the Construction
<br />
<br />A%A _I> 11161'" _ 1987 IP~ 1. Ccprright 011117, lU', lU8, 1951, 1!15~, 1'58, 11181, 1'6), 11166, 11167, 1970, 1117&, 1971, 1'87 -
<br />1"7 by The American Institute of Architects. &11 right. ze..rt'lI4. WAR!lZmill 'l'Il:La A%A~ Doe......t:La p"otecu4 by U.S. COJPrdgbl: La.. - 6
<br />l:Duftlal:icoal fteati... llDalltbod..4 "lIP,,_..I>iClll1 OJ: .u.trlbutiClll1 of I:hi. AU. _I:, 0" ...., poniClll1 of it, may "a.,.ll:. in ......ze
<br />..iTU _ ..,,:laiDal _ld.., _ ..Ul be p"oaeeul:e4 1:0 I:lw .....!aua ._1: po..ibl. -.l.." I:lw la... This draft was produced by AIA
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