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the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under
<br />Section 6.5.1. the Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's
<br />responsibility under this Article 6.
<br />§ 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any
<br />required revisions to the Drawings, Specifications or other documents necessitated by the Construction Manager's
<br />subsequent cost estimates, the Guaranteed Maximum Rice proposal, or Control Estimate that exceed the Owner's
<br />budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic
<br />systems, or the kinds and quality of materials, finishes or equipment.
<br />ARTICLE 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.
<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.
<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 that the
<br />Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due,
<br />pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's
<br />consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize
<br />the Construction Manager, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants
<br />and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols
<br />established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the
<br />Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license
<br />granted in this Section 7.3 shall terminate.
<br />§ 7.3.1 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
<br />of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of
<br />the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner
<br />rightfully terminates this Agreement for cause under Section 9.4.
<br />§ 7.4 Except for the licenses granted in this Article 7, 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
<br />Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
<br />consultants.
<br />§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this
<br />Agreement.
<br />ARTICLES CLAIMS AND DISPUTES
<br />§ 8.1 General
<br />§ 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of
<br />or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the
<br />binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but
<br />in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect
<br />waive all claims and causes of action not commenced in accordance with this Section 8.1.1.
<br />Init. AIA Document B133-2019. Copyrl9ht®2014, and 2019. All right removing, 'The American mattuteof Anaitecls,"American Infante of Amhllecie;'AIA,'aia
<br />AIA Logo, real 'AIA Contract Documents' am hacemarks of The Amercan Institute of Aram ells. This Document wee produced at 11:3841 ET on 0130=23 13
<br />under Order No.2114444856 which expires on 07131=24, is not fa resale, is licensed for one -Gate use only, and may only be used in accoreanos wan the AR
<br />/ Contract Documents^Terris of Bernice. To mind copyright violations, a -mail doanfolgalscommcls.com.
<br />User Notes: (31B9ADA49)
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