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<br />~ 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the
<br />Architect's behalf with respect to the Project.
<br />
<br />~ 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the
<br />Owner, unless withholding such information would violate the law, create the risk of significant harm to the public
<br />or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall
<br />require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically
<br />designated as confidential by the Owner.
<br />
<br />~ 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept
<br />any employment, interest or contribution that would reasonably appear to compromise the Architect's professional
<br />judgment with respect to this Project.
<br />
<br />~ 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect
<br />shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction
<br />over the Project.
<br />
<br />~ 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information
<br />furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes
<br />aware of any errors, omissions or inconsistencies in such services or information.
<br />
<br />ARTICLE 1.3 TERMS AND CONDITIONS
<br />~ 1.3.1 COST OF THE WORK
<br />~ 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost
<br />to the Owner of all elements of the Project designed or specified by the Architect.
<br />
<br />~ 1.3.1.2 The Cost of the Work shall include the cost at current market rates oflabor and materials furnished by the
<br />Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of
<br />management or supervision of construction or installation provided by a separate construction manager or
<br />contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for
<br />contingencies shall be included for market conditions at the time of bidding and for changes in the Work.
<br />
<br />~ 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants,
<br />the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner.
<br />
<br />~ 1.3.2 INSTRUMENTS OF SERVICE
<br />~ 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect
<br />and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect
<br />and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service
<br />and shall retain all common law, statutory and other reserved rights, including copyrights.
<br />
<br />~ 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a floBexclusive non-exclusive license
<br />to reproduce the .'\-reHitect's Architect's Instruments of Service solely for the purposes of eoasauotiag, usiag aHd
<br />maiataiaiag constructing the Project, provided that the Owner shall comply with all obligations, including prompt
<br />payment of all ffi:lffiS-sums. when due, under this Agreement. THe .'\-reHiteet shall obtaia similar aoaeRclusive
<br />licenses from Any termination of this Agreement due to Owner's convenience or due to the failure of the .'\-rehiteet's
<br />coasl:Iltaats eoasisteflt Owner to perform substantiallv in accordance with this f.greemeat. Aay termiBatioH the terms
<br />of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner
<br />shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within
<br />seven days of termination all originals and reproductions in the OWfler's Owner's possession or control. If aRa 1:lJ?oa
<br />the Agreement is terminated due to the €late-Owner's claim that the Architect is adjl:Idged has failed substantially to
<br />perform in 6efaffit-.accordance with the terms of this Agreement, the foregoing license SHall be deemed termiHated
<br />and replaced by Owner may elect to accept a second, nonexclusive non-exclusive license permitting the Owner to
<br />authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make
<br />changes, corrections or additions to the Instruments of Service solely for purposes of completing the Project.
<br />provided that the Owner releases Architect from anv liability for the post-termination use of the Instruments of
<br />Service. waives any claims against Architect for errors or omissions arising out of the post-termination use of the
<br />
<br />AlA Document B141™ -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977, 1987 and 1997 by The
<br />American Institute of Architects. All rights reserved. WARNING: This AIA/J) Document is protected by U.S. Copyright Law and International Treaties. 5
<br />Unauthorized reproduction or distribution of this AlA /J) Document, or any portion of it, may result in severe civil and criminal penalties, and will be
<br />prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:54:39 on 03/15/2006 under Order
<br />NO.1 000195323_9 which expires on 9/8/2006, and is not for resale.
<br />User Notes: (1759163019)
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