3.12. SR 03-20-2006 - Laserfiche WebLink

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\: ' Instruments of Service and indemnifies Architect for the post-termination use of the Instruments of eempletiag, ~Service. In the event that the Owner accepts the second. non-exclusive license. and mIHatIHRiRg it is adjudged that the Architect did perform substantially in accordance with the terms of this Agreement. then the Owner shall be obligated to pay to Architect. within 30 days after the date of the adiudication. 60% of the fee soecified in this Agreement or the Pfejeet:amount billed whichever is greater. including credit for oayments made prior to termination. ~ 1.3.2.3 Except fer Uoon completion of the Proiect. provided that the lieeRses graRted ia SeeBeR 1.3.2.2, RO ether lieeRse or right shall be deemee. gmtI:ted er iffipliee. liRaer this "\greemeRt. The Owner shall Bet assiga, aelegate, seblioeRse, pledge er otherwise trllRsfer aR)' lieeRse grafltee. hereia to aaother party .....ithelit the prior writteR agreemeRt complY with all obligations. including: prompt payment of all sums when due. the Architect. HBWeyer, Architect grants to the Owner shall be permittea a non-exclusive license to aI:Ithorize the CeRtraeter, Sl:ll:leoRtraeters, Seb seOcoRtraetors aRd material or eqeipmeRt sl:lflf3liers to reproduce aflf3lieable portions of the Architect's Instruments of Service aflflropriate to aRd solely for \:Ise ifl their exee\:ltion ourposes of using and maintaining: the Project. This non-exclusiye license permits the Wefk-Owner to authorize other similarly credentialed design professionals to reproduce and. where permitted by lieeRse greRted iR SeotioR 1.3.2.2. S\:IbmissioR or distriO\:lBeR ef lHstrumeBts of Service law. to meet offieial reg\:llatory r-eql:liremeflts make changes. corrections or for similar pl:lFflBses iR eeBReetiofl with the Projeet is Ret additions to be eonstrued as pl:lblisaBeR iR derogatieR of the reserved rightfl ef the "\rehiteet 8.Rd the "'\rehitest's eeRs\:lltants. Tbe OWRer sball Ret \:Ise tbe Instruments of Service solely for pw:poses of future additions or alterations to this Prejeet er for other projeets, \:I81ess Project. provided that the Owner ebtaift&.releases Architect from any liability for the prior writteR agreemeftl: {lOst-completion use of the Instruments of Service. waives any claims against Architect for errors or omissions arising out of the post- completion use of the Instruments of Service and indemnifies Architect for the ,\rehiteet's eORflaltafit1l. i'~y 1:Hla\:ltherized oost-comoletion use of the Instruments of Service. In the event of 8efvi€e-any non-pavment or delayed payment. Architect shall be at the O\VHer'S sele risk aRd ','lithoRt liaeility entitled to the "\rehiteet aHd tbe "\reRiteet's ee8s\:lltaHt1l.immediate return of all of its work product. 1.3.2.4 Any of the non-exclusive licenses described in this Agreement permit the Owner to authorize the Contractor. Subcontractors. Sub-subcontractors and material or equipment sUIJpliers to revroduce applicable oortions of the Instruments of Service appropriate to and for use in their execution of the Work. 1.3.2.5 The Architect shall obtain similar non-exclusive licenses from the Architect's consultants consistent with this Agreement. 1.3.2.6 The reproduction of Instruments of Service pursuant to non-exclusive licenses described in this Agreement and submission or distribution of Instruments of Service to meet official regulatory requirements or for similar pw:poses in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and Architect's consultants. 1.3.2.7 None of the non-exclusive licenses described in this Agreement authorize use of the Instruments of Service for other proiects. None of the non-exclusive licenses described in this Ag:reement may be assigned. delegated. sublicensed. oledged or otherwise transferred by the Owner to anv party other than an institutional lender providing financing for the Project without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ~ 1.3.204 Prier to the "'\rehiteet provicliFlg to the OWRer aRY IRstrl:lmeRts of Seryice iR eleeffimie form or the OWFler proYicliRg to the :\:ehiteet aR)' eleetronie clata for iReorporatioR into the IHstrlimeRts of Service, the OWHer lIRa the ,\rehiteet shall by separate writteH agrecmcRt set forth the specifie eonditiofls govemiRg Hie format of sHeh IRstrameats Bf Service or eleetrs8ic clata, iHell:ldiHg a8Y sfleeiallimitati08s or lieeBses Hot otherwise pre'tided iH this f.greemeRt. ~ 1.3.2.8 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incOlporation into the Instruments of Service. the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data. including any special limitations or licenses not otherwise provided in this Agreement. AlA Document B141TM -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Inslitute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be 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 No.1 000195323_9 which expires on 9/8/2006, and is not for resale. User Notes: (1759163019)