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2.4.7 The Architect will work cooperatively with the Contractor and Owner to devqlop a design based <br />on the Contractor's cost estimates, taking into account Owner's budget constraints. I <br />~ 2.5.2 The Architect acknowledges the importance to the Owner of the Owners pr ject schedule, and <br />the Architect agrees to puf foRh reasonable efforts to perform services under t is Agreement in <br />accordance with the project schedule. However, the Owner understands that the Archi ect's performance <br />must be governed by sound professional practices. <br />2.6.5.1 The Owner's approval, acceptance, use of or payment for all or any part of the architect's <br />services hereunder or of the Project itself shall in no way alter the Architect's obligati s or the Owner's <br />rights hereunder. <br />2.6.8.1 The Architect shall copy the Owner on all conespondence to the Contractor <br />2.6.8.2 The Owner shall desi~nate an individual as Owner's Representative durin the course of the <br />Project. The Owner's Representative may communicate directly with the Contractor, but shall provide <br />copies of all written communications to the Architect. <br />2.6.11.1 Prior to requiring any additional inspection or testing under Subpar graph 2.6.11, the <br />Architect shall consult with and obtain the approval of the Owner regarding the need or and the nature <br />and cost of such services and the Architect's recommendations of parties or person to perform such <br />services. <br />3.1.1.1 Notwithstanding anything to the contrary in this Agreement, Owner shall n t be responsible to <br />pay the Architect and the Architect shall not be entitled to receive compensation f r any Contingent <br />Additional Services, if such services were required due to the fault or failure of the Arc itect to perform in <br />accordance with this Agreement. <br />3.3.3 Preparing Drawings, Specifications and other documents and supportin data, evaluating <br />Contractor's proposals, and providing other services, but only to the extent the sam are required, in <br />~ connection with Change Orders and Construction Change Directives, except as made n essary due to the <br />negligence or other errors or omissions of the Architect, its consultants or any oth r party or person <br />performing the Architect's obligations under this Agreement. <br />6.1 The Owner acknowledges the Architect's Construction Documents as instru <br />service. Nevertheless, the plans, drawings and specifications prepared under this Ag <br />remain the property of the Owner. The Architect may retain copies, including repro <br />drawings, specifications and plans for information and reference in connection with <br />occupancy of the Project. The Architect may make fair use of the drawings, specif <br />other projects. The Architect may use renderings or photographs of the Pro <br />purposes. <br />The Owner agrees to retain the drawings, specifications and plans, and not permit sa <br />used by any other party. To the extent permitted by law, the Owner may use said draw <br />and plans for the purposes of remodelling, expanding, altering or repairing the Project <br />Project in the future. The Owner assumes all responsibility for any use of the drawings, <br />plans, and the Architect expressly waives any right to compensation, in any form, for ~ <br />said intellectual or physical materials, including the drawings, specifications and pla <br />further expressly waives any copyright, patent (statutory or common law), or any ~ <br />drawings, specifications or plans set forth in this Agreement, including any arti; <br />infringement or property right claims now existing or hereafter acquired. <br />ts of professional <br />lent are and shall <br />ble copies, of the <br />Owner's use and <br />ons and plans on <br />for promotional <br />3 documents to be <br />ngs, specifications <br />or portions of the <br />specifications and <br />ie Owner's use of <br />s. The Architect <br />ther rights to the <br />ic or intellectual <br />6.1.1 The Architect shall cause its consultants, and other parties and persons rforming services <br />under this Agreement that have or reasonably may have a copyright in the Drawings, S ecifications, other <br />documents or work prepared under .this Agreement, or the Work as constructed pursuant to such <br />documents or work, to waive any such copyright, as to the Owner, pursuant to Paragra h 6.1. <br />~ Courthouse Square Project <br />Architect Agreement Supplemental Provisions <br />Page - 2 <br />