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<br />AIA Document B102™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered
<br />trademarks and may not be used without permission. This document was produced by AIA software at 12:21:31 ET on 12/22/2021 under Order No.4633161157
<br />which expires on 06/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of
<br />Service. To report copyright violations, e-mail copyright@aia.org.
<br />User Notes: (1765238861)
<br />4
<br />Cass County
<br />P.O. Box 2806
<br />Fargo, ND 58108-2806
<br />Telephone: (701) 241-5770
<br />Facsimile: (701) 297-5776
<br />Email: wilsonro@casscountynd.gov
<br />§ 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
<br />Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the
<br />Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as
<br />the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional
<br />Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of
<br />the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional
<br />liability insurance, as appropriate to the services or work provided.
<br />§ 2.4 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
<br />reasonably necessary at any time for the Project to meet the Owner’s needs and interests.
<br />§ 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
<br />defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service.
<br />§ 2.6 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested
<br />information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.
<br />ARTICLE 3 COPYRIGHTS AND LICENSES
<br />§ 3.1 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 />§ 3.2 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 />§ 3.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and
<br />exclusively for the purposes of evaluating, constructing, using, maintaining, altering and adding to the Project,
<br />provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all
<br />sums due pursuant to Article 5 and Article 6. 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 suppliers, as well as the Owner’s consultants and
<br />separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in
<br />performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as
<br />provided in Section 5.4, the license granted in this Section 3.3 shall terminate.
<br />§ 3.3.1 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 3.3.1. The terms of this Section 3.3.1 shall not apply if the Owner rightfully
<br />terminates this Agreement for cause under Section 5.4.
<br />§ 3.4 Except for the licenses granted in this Article 3, 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
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