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§ 1.2.3.5 Except with the Owner's knowledge and written consent, the Architect shall not engage in any activity, or
<br /> accept any employment, interest or contribution that would reasonably appear to compromise the Architect's
<br /> professional judgment with respect to this Project.
<br /> § 1.2.3.6 The Architect shall comply with all applicable standards of professional practice, with all ~evievv laws,
<br /> codes, and regulations applicable to the Architect's services. YYtCSimilarly, the Architect shall ~espend-in-tl-ie
<br /> design e€ the Project to comkly with applicable requirements imposed by governmental authorities having
<br /> jurisdiction over the Project.
<br /> § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of professional services and written
<br /> information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect
<br /> becomes aware of any errors, omissions or inconsistencies in such services or information.
<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 /> § 1.3.1.2 The Cost of the Work shall include the cost at current mazket rates of labor 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 sepazate 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 /> § 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 aze the responsibility of the Owner. In addition,
<br /> the Cost of the Work does not include Building Permit Fee 1% for Art Systems Development Chazges or other
<br /> similar costs forwhich the' Owner has assumed responsibility,
<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 ^~ra'~•_=.=opyrishts except as
<br /> otherwise provided herein.
<br /> § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce
<br /> the Architect's Instruments of Service solely for purposes of constructing, using and maintaining and remodeline the
<br /> Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due,
<br /> under this Agreement. The Architect shall obtain similar nonexclusive licenses for the Owner's benefit from the
<br /> Architect's consultants consistent with this Agreement.
<br /> .1 Whenever an Instrument of Service is used for any purpose without supervision of the Architect•
<br /> (i) The Arch'itect's Consultants shall not be responsible for alterations made in or to the Instruments
<br /> of Service by anyone other than the Architect or the Architect's Consultants, or for the use or
<br /> adaptation of the Instruments of Service by the Owner or others without the participation of the
<br /> Architect and the Architect's Consultants as provided for in the Agreement; (ii) any, adaptation.
<br /> alteration reproduction or use by the Owner or others shall be at the Owner's sole risk and expense
<br /> and without liability to the Architect and the Architect's Consultants: (iii) the Owner shall before
<br /> each instance of reproducin or ~hysically transferring the Instruments of Service to others, first
<br /> AIA Document 8141TM -1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
<br />
<br /> American Institute of Architects. All rights reserved. WARNING: This AiA'a Document is protected by U,S. Copyright Law and International Treaties. 6
<br /> Unauthorized reproduction or distribution of this AIAe 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 AIA software at 11:10:48 on 05/06/2005 under Order
<br /> No.1000157350_1 which expires on 10/5/2005, and is not for resale.
<br /> User Notes: (2107969202)
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