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<br />materials, finishes or equipment.
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<br />ARTICLE 7 COPYRIGHTS AND LICENSES
<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 such
<br />information for its use on the Project.
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<br />§ 7.2 The Architect and the ArchitectÓs consultants shall be deemed the authors and owners of their respective Instruments of
<br />Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights,
<br />including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for
<br />similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the
<br />Architect and the ArchitectÓs consultants.
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<br />§ 7.3 The Architect grants to the Owner a nonexclusive license to use the ArchitectÓs Instruments of Service solely and
<br />exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner
<br />substantially performs its obligations under this Agreement, including prompt payment of all sums due, pursuant to Article 9
<br />and Article 11. The Architect shall obtain similar nonexclusive licenses from the ArchitectÓs consultants consistent with this
<br />Agreement. The license granted under this section permits the Owner to authorize the Construction Manager, Subcontractors,
<br />Sub-subcontractors, and suppliers, as well as the OwnerÓs consultants and separate contractors, to reproduce applicable
<br />portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for
<br />use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as
<br />provided in Section 9.4, the license granted in this Section 7.3 shall terminate. In the event of termination, the OwnerÓs non-
<br />exclusive license to use the Instruments of Service shall be governed by Section 9.9.
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<br />§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the
<br />Owner releases the Architect and ArchitectÓs consultant(s) from all claims and causes of action arising from such uses. The
<br />Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all
<br />costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity
<br />to the extent such costs and expenses arise from the OwnerÓs use of the Instruments of Service under this Section 7.3.1. The
<br />terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4.
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<br />§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this
<br />Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to
<br />another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall
<br />be at the OwnerÓs sole risk and without liability to the Architect and the ArchitectÓs consultants.
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<br />§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement.
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<br />ARTICLE 8 CLAIMS AND DISPUTES
<br />§ 8.1 General
<br />§ 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related
<br />to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute
<br />resolution method selected in this Agreement and within the period specified by applicable law., but in any case not more than
<br />10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action
<br />not commenced in accordance with this Section 8.1.1.
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<br />§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other
<br />and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have
<br />to the proceeds of such insurance as set forth in AIA Document A201Î2017, General Conditions of the Contract for
<br />Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants,
<br />agents and employees of any of them, similar waivers in favor of the other parties enumerated herein.
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<br />§ 8.1.3 The Architect shall indemnify and hold the Owner and the OwnerÓs officers and employees harmless from and against
<br />damages, losses and judgments arising from claims by third parties, including reasonable attorneysÓ fees and expenses
<br />recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its
<br />AIA Document B133 Î 2019. Copyright ¨ 2014, and 2019. All rights reserved. ÐThe American Institute of Architects,Ñ ÐAmerican Institute of Architects,Ñ ÐAIA,Ñ the
<br />
<br />AIA Logo, and ÐAIA Contract DocumentsÑ are trademarks of The American Institute of Architects. This draft was produced at 13:48:18 CDT on 08/13/2025 under
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<br />Subscription No.20250116558 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
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<br />Documents Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
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