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the Owner as provided in Article 3.
<br />4.2 RESPONSIBILITY FOR THE COST OF THE
<br />WORK
<br />4.2.1 The Architect does not warrant or represent that bids
<br />or negotiated prices will not vary from the estimate of the
<br />Cost of the Work or evaluation prepared or agreed to by the
<br />Architect.
<br />THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;
<br />CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH
<br />RIM.SPECT_. T) a_ 3TS -- COMPLETION OR - -- MODIFICATION.
<br />AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA
<br />DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
<br />4.2.2 No fixed limit of the Cost of the Work shall be
<br />established as a condition of this Agreement by the
<br />furnishing, proposal or establishment of a Project budget,
<br />unless such fixed limit has been agreed upon in writing and
<br />signed by the parties hereto. If such a fixed limit has been
<br />established, the Architect shall be permitted to include
<br />contingencies for design, bidding and price escalation, to
<br />determine what materials, furniture, furnishings and
<br />equipment, finishes, component systems and types of
<br />construction are to be included in the Contract Documents, to
<br />make reasonable adjustments in the scope of the Project and
<br />to include in the Contract Documents alternate bids to adjust
<br />the Cost of the Work to the fixed limit. Fixed limits, if any,
<br />shall be increased in the amount of an increase in the Contract
<br />Sum occurring after execution of the Contracts
<br />4.2.3 If a fixed limit of the Cost of the Work is exceeded
<br />by the lowest bona fide bids or negotiated proposals, the
<br />Owner shall:
<br />.1 give written approval of an increase in such fixed
<br />limit;
<br />.2 authorize rebidding or renegotiating of the Project
<br />within a reasonable time;
<br />.3 if the Project is abandoned, terminate in accordance
<br />with Paragraph 7.3; or
<br />.4 cooperate in revising the Project scope and quality as
<br />required to reduce the Cost of the Work.
<br />4.2.4 If the Owner chooses to proceed under Clause
<br />4.2.3.4, the Architect, without additional charge, shall modify
<br />the Contract Documents as necessary to comply with the
<br />fixed limit, if established as a condition of this Agreement.
<br />The modification of the Contract Documents shall be the
<br />limit of the Architect's responsibility arising out of the
<br />establishment of a fixed limit.
<br />ARTICLE 5
<br />USE OF ARCHITECTS DRAWINGS,
<br />SPECIFICATIONS AND OTHER DOCUMENTS
<br />5.1 The Drawings, Specifications and other documents
<br />prepared by the Architect for this Project are instruments of -
<br />the Architect's service for use solely with respect to this
<br />Project and, unless otherwise provided, the Architect shall be
<br />deemed the author of these documents and shall retain all
<br />common law, statutory and other reserved rights, including
<br />the copyright. The Owner shall be perm itted -to- retain- copies; .-_ .. - --
<br />including reproducible copies, of the Architect's Drawings,
<br />Specifications and other documents for information and
<br />reference in connection with the Owner's use and occupancy
<br />of the Project. The Architect's Drawings, Specifications or
<br />other documents shall not be used by the Owner or others on
<br />other projects, for additions to this Project or for completion
<br />of this Project by others, unless the Architect is adjudged to
<br />be in default under this Agreement, except by agreement in
<br />writing and with appropriate compensation to the Architect.
<br />5.2 Submission or distribution of documents to meet
<br />official regulatory requirements or for similar purposes in
<br />connection with the Project is not to be construed as
<br />publication in derogation of the Architect's reserved rights.
<br />ARTICLE 6
<br />ARBITRATION
<br />6.1 Claims, disputes or other matters in question
<br />between the parties to this Agreement arising out of or "
<br />relating to this Agreement or breach thereof shall be subject
<br />to and decided by arbitration in accordance with the
<br />Construction Industry Arbitration Rules of the American
<br />Arbitration Association currently in effect unless the parties
<br />mutually agree otherwise. No arbitration arising out of or
<br />relating to this Agreement shall include, by consolidation,
<br />joinder or in any other manner, an additional person or entity
<br />not a party to this Agreement, except by written consent
<br />containing a specific reference to this Agreement signed by
<br />the Owner, Architect and any other person or entity sought to
<br />be joined. Consent to arbitration involving an additional
<br />person or entity shall not constitute consent to arbitration of
<br />any claim, dispute or other matter in question not described in
<br />the written consent. The foregoing agreement to arbitrate and
<br />other agreements to arbitrate with an additional person or
<br />entity duly consented to by the parties to this Agreement shall
<br />be specifically enforceable in accordance with applicable law
<br />in any court having jurisdiction thereof.
<br />AIA DOCUMENT B 177 - ABBREVIATED FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES - 1990 EDITION - AIA - COPYRIGHT 1990 - THE
<br />AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292 - ASID - COPYRIGHT 1990 - THE
<br />AMERICAN SOCIETY OF INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C., 20002.; Unlicensed photocopying
<br />violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced
<br />without violation until the date of expiration as noted below.
<br />Electronic Format B177 -1990
<br />User Document: 9717INT.DOC — 4/3/1998. AIA License Number 100329, which expires on 9/30/1998 — Page #4
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