|
§ 1,2.3.7 The Engineer shall be entitled to rely on the accuracy and completeness of services and information
<br />furnished by the Owner. The Engineer shall provide prompt written notice to the wner if die , Engineer becomes
<br />aware of any errors, o1nissions or inconsistencies in such services or info rmiation.
<br />ARTICLE 1.3 TERMS AND CONDITIONS
<br />(Paragra,phs deleted)
<br />§ 1.3.2 INSTRUMENTS OF SERVICE
<br />§ 13.2.1 Drawings, specifications and other documents, including those in electronic forni, prepared by the Engineer
<br />and the. Engineer' s oonsultants are Instruments of Service for use &oJely with respect to 1 this Project. The Engineer
<br />and the Engineer's consultants shall be deemed die authors, and owners of the respective Instruments of Service
<br />and shall retain all conlin.on law, statutory and other reserved rights, including copyrights.
<br />§ 1.3.2.2 Upol, execution of this Agreement, the Engineer grants to the Owner a nonexclusive license to reproduce
<br />the Engineer's InstrumerItS of Service solely for purposes of con structin g, using and maintaining thie Project,,
<br />provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under
<br />this Agreement. The Engineer shall obtain similar nonexclus,ive, licenses, from die Engineer"s consultants consistent
<br />with this Agreement, Any termination of this Ageernent, prior to completion of the Project shall terminate this
<br />license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service
<br />and shall return to the Engineer within seven days of terna:ination all originals and reproductions in die Owner" s
<br />possession or control, If and upon the date the Engineer is adjudged in default, of dais Agreement,, the foregoing
<br />license shall be deemed terminated and replaced by a second, nonexichisive 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, using and
<br />maintaining the Project,,
<br />§ 1.3.2.3 Except for the licenses granted in Section 1.3.2 .2,1 nio other hicense or right shall be deemed granted or
<br />implied under this Agreement. The Owner shall not assign, ideliegate, sublicense, pledge or -otherwise transfer any
<br />license granted herein to another party without the prior written agreement of the Engineer. However, the Owner
<br />shall, be permitted to authorize the Contractor!, Subcontractors, Sub - subcontractors and material or equipment
<br />suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for ruse in their execution
<br />of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet
<br />official regulatory requirements or for similar purposes in connection with the Project is not to be construied as
<br />publication in derogation of the reserved rigbts of the Engineer and the Engineer's consultants. The Owner may use
<br />the Instruments of Service for future additions or alterations to this Project or for other projects. Any unauthorized
<br />use of the Instruments of Service shall be at the Owner's sole, risk and without liability to the Engineer and the
<br />Engineer's consultants.
<br />§ 1.3.2.4 prior to the Engineer providing to the Owner any Instruments of Service in electronic ,form or the Owner
<br />. S. incorporation I into the Instruments of'Servilcie, thie. Owner and the
<br />providing to the Engineer any electronic data for
<br />Engineer shall. by separate written agreement set forum the specific conditions governing the format of such
<br />Instruments of Service or electronic data, including any special linuitations or licenses not otherwise provided in this
<br />Agreement,
<br />§ 1.3.3 CHANGE IN SERVICES
<br />1.3.3.1 Change in Services of the Engineer, including services required of die Engineers consultants, may be
<br />V - It
<br />accomplished after execution of this Agreement, without invalidating the Agreement, if approved by, the Owner in
<br />writing prior to commencement of service by the Engineer. If the Owner declines to give its approval, the Engineer
<br />shall have no obligation to provide those services. Except for a change due to the fault of the Engineer,, Change in
<br />Services of the Engineer shall entitle the Engineer to an adjustment in compensationpursuan't to Section 1-5.2, and
<br />to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1 .5-5.
<br />§ 1.3.3.2 If any of the follow ling circurnstances affect the Engineer's services for the Project, the Engineer shall be
<br />entitled to an appropriate adjustment in the Ong s schedule and compensation:
<br />.1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments
<br />of Service;
<br />AIA Document S141rm-1997 Part I. Copyright (D 1917,1926, 1948, 1951, i,953,1,19SB, 1961, 1963,1966, 119671,1,119710, 1974, 19771, 1987 and 1997 by The
<br />[nit. American Institute of Architects. All rights reserved. WARNING: This AIA10 Document IIs protected by Ui.S. copyright Law and International Treaties. 5
<br />Unauthorized reproduction or distribution of this Ale Documents or any portion of it, may resiult in sevierie ciivil aniid crimiinal penalflies, ark will be
<br />prosecuted to the maximum extent possible under the law. This docume�tit was prioducied Iby A,IA softwarle ail 07:41:2119 an� 0211/05/2008 undier Order
<br />.A-.- L f fir narzAln
<br />No.! 00032 704192 — I W1 tic' I expires oln I V.95,12008, nnr.A is. Ino. — (4b�3441 42b)
<br />User Notes:
<br />
|