O-1996-2111 - Laserfiche WebLink

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." tit e 6.2.2.4 If the Bidding or Negotiating Phase has not commenced within six months after completion of the Final Design Phase, the established Construction Cost limit will not be binding on ARCHITECT, and OWNER s~all consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought. 6.2.2.5 If the lowest bona fide proposal or' bid exceeds the established Construction Cost limit, OWNER shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the Project within'a reasonable time, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound engineering/architectural practices. In the case of (3), ARCHITECT shall modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. Compensation for services in making such modifications shall be per paraqraph 5.1.1.2. The providing of such service will be the limit of ARCHITECT's responsibility in this regard and, having done so, ARCHITECT shall be entitled to payment for services in accordance with this Agreement and will not otherwise be liable for damages attributable to the lowest bona fide proposal or bid exceeding the established Construction Cost. SECTION 7 - GENERAL CONSIDERATION 7.1 Termination. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. 7.2 Reuse of Documents. All documents including Drawings and Specifications prepared or furnished by ARCHITECT (and ARCHITECT's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project. The ownership and property interest therein shall be granted to the OWNER when the Project is completed. ARCHITECT shall supply a set of reproducible record drawings for the OWNER in accordance with section 1.7.5. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the proj ect by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of 'the Project or on any other project. Any reuse by OWNER without written verification or adaptation by ARCHITECT for the specific purpose intended.will be at OWNER's sole risk and without liability or legal exposure to ARCHITECT, or to ARCHITECT's independent professional associates or consultants, and OWNER shall '7-1