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5.2.2 No Fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing,proposal or establishment of a Project budget,unless such fixed limit has been agreed upon in.writing and signed by the parties hereto.If such a Fixed limit has been established, the Architect shall be permitted to include contingencies, for design,bidding and price escalation, to determine what materials,equipment,component systems and types of construction are to be included in the Contract Documents,to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary- to adjust the Construction Cost to the fixed limit. Fred limits, if any,shall he increased in the amount of an increase in the Contract Sung occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within go days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect 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: give written approval of an increase in such Fred limit; .2 authorize rebidding or renegotiating of the Project within a reasonable tinic; i 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.),44, the Architect,1tirithout 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 5.2.5. 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 Drawn ngs, 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 suns 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 Protect shall terminate this license.Upon such termination,the owner shall refrain from nuking further reproductions ��• •4p P � 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 0 1 9 9 7 A r A QD adjudged in default of this Agreement, the foregoing license shall be deemed AAA DOCUMENT 8151-1997 Architect is l g g g g terminated and replaced by a second, nonexclusive license permitting the Owner to authorize ABBREVIATED OW N E R ARCHITECT AGREEMENT other similarly credentialed design professionals to reproduce and, where permitted by law, to mare changes, corrections or additions to the Instruments of Service solely for purposes of She Arnerican Institute of Architects completing,using and maintaining the Project. 1735 New`fork Avenue, N-W. Washington,D.C.20006-5292