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r , remove therefrom the Architect's name logo and other distin ug ishinp marks, and those of the Architect's Consultants and (iv) to the fullest extent permitted by law, the Owner shall release, hold harmless and shall indemnify the Architect and the Architect's Consultants and shall defend the Architect and the Architect's Consultants from and against all claims, liabilities, losses, damages, judlYments awards and costs including but not limited to court costs and attorney's fees azisin~ from related to or in any manner in connection with the Owner's or other's use, adaptation, alteration, reproduction, or transfer of the Instruments of Service. § 1.3.2.3,Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similaz purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The-Except as set forth in subparagraph 1.3.2.2, the Owner shall not use the Instruments of Service for future additions or alterations to this Projector for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. 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. § 1.3.2.4 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 incorporation into the Instruments of Service, the Owner and the Architect shall by sepazate 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. Architect shall use City of Eugene AutoCAD Laver Structure. § 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished. after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1:3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such sePViees-services by written communication. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those ~~services provided however that the Owner shall authorize or confirm any Change in Services which the Architect is required to perform or provide pursuant to any law or regulation issued by a sovernmental authority having jurisdiction over the Protect. Except for a change due to the fault of the Architect, Change in Services of the. Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and 1.5.3 and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. § 1.3.3.2 If anything defined in this Agreement as Change in Services should occur, or if any of the following circumstances: affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of ~°^~.i~.^°;~ervice or reperformance of service previousl +~performed; could not have reasonably loreseen which necessitate changes to previously prepared Instruments of o~:i~Service or reperformance of services previously performed; .3 significant decisions of the Owner not rendered in a timely manner; .4 significant e#ange-changes in the Project including, but not limited Ee; to those changes referred to in Subparagraph 1.2.2.2, changes in the Project's scope size, quality, or complexity, and than eg sin the Owner's schedule or budget, or procurement method; .5 substantial failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a pubkEhearing; a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 substantial change in the information contained in Article 1.1. AIA Document 8141 TM -1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 7997 by The American Institute o1 Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution o1 this AIA® Dacumeni, 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 AIA software at 11:10:48 on 05/06/2005 under Order No.1000157350_1 which expires on 10/5/2005, and is not for resale. User Notes: (2107969202)