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227600v1 <br />5 <br /> <br /> <br /> <br />« Aune Fernandez »« » <br />« » <br />« » <br />« » <br />« » <br /> <br /> <br />§ 1.1.11.2 Consultants retained under Supplemental Services: <br /> <br />« » <br /> <br />§ 1.1.12 Other Initial Information on which the Agreement is based: <br /> <br />« » <br /> <br />§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial <br />Information may materially change. If the Architect identifies a material change such that Architect’s services, <br />schedule for Architect’s services, and the Architect’s compensation may be affected, then the Architect shall submit <br />information regarding that purported material change and any information substantiating the material change to the <br />Owner within thirty (30) days of the event giving rise to the material change for review. The Owner’s budget for <br />Cost of Work, the Owner’s anticipated design, and construction milestones shall not chan ge without written <br />approval from the Owner. If the Architect fails to submit the material change to the District within thirty (30) days <br />of the event giving rise to the material change, then the Owner shall have no obligation to change Owner’s budget <br />for Cost of Work, the Owner’s anticipated design, and construction milestones. <br /> <br /> <br />§ 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any <br />other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building <br />Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, <br />and exchange of digital data. <br /> <br />§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols <br />governing the use of, and reliance on, the information contained in the model and without having those protocols set <br />forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite <br />AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or <br />relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or <br />contributors to, the building information model, and each of their agents and employees. <br /> <br />ARTICLE 2 ARCHITECT’S RESPONSIBILITIES <br />§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it <br />is properly licensed in the jurisdiction where the Project is located to provide the services required by this <br />Agreement, or shall cause such services to be performed by appropriately licensed design professionals. <br /> <br />§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by <br />architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall <br />perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of <br />the Project. <br /> <br />§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the <br />Project. <br /> <br />§ 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any <br />employment, interest or contribution that would reasonably appear to compromise the Architect’s professional <br />judgment with respect to this Project. <br /> <br />§ 2.5 The Architect shall maintain the following insurance until term ination of this Agreement.