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<br />prepared by the Architect, represent the Architect’s judgment as a design professional. It is recognized, however,
<br />that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor’s
<br />methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the
<br />Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s
<br />budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to
<br />by the Architect.
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<br />§ 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 recommend reasonable adjustments in the program
<br />and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the
<br />Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area,
<br />volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the
<br />Work, the Architect shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as
<br />a Supplemental Service.
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<br />§ 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the
<br />Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work shall be
<br />adjusted to reflect changes in the general level of prices in the applicable construction market.
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<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 Archit ect in making such adjustments.
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<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.
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<br />§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents
<br />as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction
<br />Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owne r requires the Architect to
<br />modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner’s
<br />budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner
<br />shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise
<br />the Architect’s services for modifying the Construction Documents shall be without additional compensation. In any
<br />event, the Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility
<br />under this Article 6.
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<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.
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<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.
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<br />§ 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely
<br />and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided t hat the
<br />Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due
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