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2.4.7 The Architect will work cooperatively ~~ ~~ oe~e as~g~ co~n~~ to develop a design <br />based on the Contractor's cost estimates, taking . <br />2.5.2 The Architect aclaiowledges the importance to the Owner of the Owners project schedule, and the <br />Architect agrees to put forth reasonableer understa ds that the Architect's perfogrmance must b god erned by <br />the pro~ect schedule. However, the Own <br />sound professional practices• <br />2.6.5.1 The Owner's app 1~ ~~ no wa f a1°tei th~e~Arc°hite t'sr bliga~tions orethe Owner'serights <br />hereunder or of the Pro~ect Y <br />hereunder. <br />2.6.8.1 The Architect shall copy the Owner on a11 correspondence to the Contractor. <br />2.6.8.2 The Owner shall designate an individual as Owner's Representative during the course of the <br />Project. The Owner's RePresentative may communicate directlY with the Contractor, but shall provide copies <br />of all written coiru: ~anications to the Architect. <br />2.6.11 .1 Prior to requiring any additional insl~ction or testing under Subparagraph 2.6.11, the Architect <br />shall consult with and obtain the approval of the Owner regarding the need for and the nature and cost of such <br />services and the Architect's recommendations of parties or persons to perform such services. <br />3.1.1.1 Notwithstancling anything to the contrary in this Agreement, Owner shall not be responsible to <br />pay the Architect and the Architect sha11 not be entided to receive compensation for any Contingent Additional <br />Services, if such services were required due to the negligence, breach or other errors or omissions of the <br />Architect, its consultants or any other party or person performing the Arclutect's obligations under this <br />Agreement. <br />3.3.3 Preparing Drawings, Specifications and ather documents and supporting data, evaluating <br />Contractor's proposals, and providuig other services, but only to the extent the same are required in connection <br />with Change Orders and Construction Change Directives and only if such services are not due to the <br />negligence, breach or other errors or omissions of the Architect, its consultants or any other party or person <br />performing the Architect's obligations under this Agreement• <br />3.3.4.1 Services described in Section 3.3.4 shall be Contingent Additional Services to the extent that they <br />require significant time and impose material costs on Architect. <br />3.4.9 Providing services in connection with the work of Owner's separate consultants, other than the <br />Construction Manager retained by Owner. <br />4.10.1 However, failure of Owner to give natice required under Section 4.10 shall not relieve Architect of <br />any of its obligations under this Agreeme~• <br />6.1 The Owner acknowledges the Architect's Construction Documents as inst~uments of professional <br />service. Nevertheless, the plans, drawings and specifications prepare~ under this r~~~ ~eies~, of the <br />remain the property of the Owner. The Architect may retain copies, mcluding rep P <br />drawings, specifications and plans for information and reference m connection with the Owner's use and <br />occupancy of the Project. The Architect may make fair use of the drawings, specifications and Plans on other <br />projects. 'The Arclutect may use renderings or photogaphs of the Project for promotional purposes. <br />The Owner agrees to retain the drawings, specifications and plans, and not pernut said docum~tions and <br />used by any other party. To the extent perniitted bY law, the Owner may use said drawings, sp <br />plans for the purposes of remodelling, expanding, alterinS ~T rePa~r~n8 the Project or portions of the Project in <br />the future. The Owner assumes all responsibility for any use of the drawings, specifications and plans, and the <br />Courthouse Square Project <br />Architect Agreement Supplemental Provis:ons <br />Page - 2 <br />