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5.2.2 :\0 fixed limit of Construction Cost sh.ll1 be established as a condition of this Agreement by thl' furnishing, propos.1i or establishment of a Project budget. unless such fixed limit has been agrl'l'd upon in writing and signed by the parties hereto. If such a fixed limit has been established. the ,\rchitect shall be permitted to include contingencies for design. bidding and price escalation. to ddermine what materials. equipment. component systems and types of construction are to be included in the Contract Documents, to make reasonahle adjustments in the scope of the Project and to include in the Contract Documents alternate hids as may he necessary to adjust the Construction Cost to the fixed limit. Fixed limits. if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect suhmits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to retlect changes in the general level of prices in the construction industry. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) IS exceeded by the lowest bona fide bid or negotiated proposal. the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.l...H, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.). The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license, Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. WARNING: Unlicensed DhotocoDvlnll violates U.S. coovrillht laws and will sublect the violator to lellal orosecution. I Rill <:> 0 o. .0 O. .."" .~ o 'a:::;J:i' <:::. ~ C=::J . ltl1997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER.. ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006..5292 /f5) I