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<br />event, the Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility
<br />under this Article 6.
<br />(Paragraphs deleted)
<br />ARTICLE 7 COPYRIGHTS AND LICENSES
<br />(Paragraphs deleted)
<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 transmit
<br />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 in
<br />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 and
<br />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 the
<br />Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate
<br />contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established
<br />pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the
<br />Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section
<br />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 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 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully
<br />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 under
<br />this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted
<br />herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments
<br />of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s 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 />ARTICLE 8 CLAIMS AND DISPUTES
<br />§ 8.1 General
<br />(Paragraphs deleted)
<br />§ 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or
<br />related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding
<br />dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any
<br />case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all
<br />claims and causes of action not commenced in accordance with this Section 8.1.1.
<br />§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each
<br />other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as
<br />they may have to the proceeds of such insurance as set forth in AIA Document A201–2017, General Conditions of the
<br />Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants,
<br />agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.
<br /> ™
<br />AIA Document B101 Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American
<br /> – 2017.
<br />Init.
<br /> Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was
<br />17
<br />produced by AIA software at 10:15:59 ET on 11/23/2020 under Order No.9712742774 which expires on 08/13/2021, is not for resale, is licensed for one-time use
<br />®
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<br />only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org.
<br />User Notes: (1800630329)
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