|
J 7A Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied
<br /> under this Agreement,The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license
<br /> granted herein to another party without the prior written agreement of the Architect.The Owner shall not use the
<br /> Instruments of Service for future additions or alterations to this Project or for any other project unless the Owner
<br /> obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the
<br /> Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
<br /> consultants.
<br /> § 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this
<br /> Agreement.
<br /> ARTICLE 8 CLAIMS AND DISPUTES
<br /> § 8.1 General
<br /> §
<br /> 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or
<br /> related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding
<br /> dispute resolution method selected in this Agreement.Causes of action between the parties to this Agreement
<br /> pertaining to the acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall
<br /> commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to
<br /> Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring
<br /> after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date
<br /> when the Architect's services are substantially completed. The Owner and Architect waive all claims and causes of
<br /> action not commenced in accordance with this Section 8.1.1.
<br /> § 8.1.2 To the extent damages are covered by insurance,the Owner and Architect waive all rights against each other
<br /> and against the contractors,consultants,agents,and employees of the other for damages,except such rights as they
<br /> may have to the proceeds of such insurance.The Owner or the Architect,as appropriate,shall require of the
<br /> contractors,consultants,agents,and employees of any of them,similar waivers in favor of the other parties
<br /> enumerated herein. The nature of the conduct that causes the damage shall not vitiate this waiver,
<br /> § 8.1.3 The Architect and Owner waive consequential,incidental,special,exemplary,and punitive damages for
<br /> claims,disputes,or other matters in question,arising out of or relating to this Agreement.This mutual waiver is
<br /> applicable,without limitation,to all consequential,incidental,special,exemplary,and punitive damages due to either
<br /> parry's termination of this Agreement,except as specifically provided in Section 9.7.
<br /> § 8.2 Mediation
<br /> § 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to
<br /> mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien
<br /> arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the
<br /> lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
<br /> § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between
<br /> them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American
<br /> Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this
<br /> Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed
<br /> with the person or entity administering the mediation.The request may be made concurrently with the filing of a
<br /> complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in
<br /> advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days
<br /> from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration
<br /> proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)
<br /> and agree upon a schedule for later proceedings.
<br /> § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place
<br /> where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall
<br /> be enforceable as settlement agreements in any court having jurisdiction thereof.
<br /> hatAIA Document 0101'—2017.Copyright®1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"Amencan
<br /> Institute of Architects,"AIA,'the AIA Logo,and.AIA Contract Documents'are registered trademarks and may not be used without permissron This document was 4R
<br /> produced by AIA software at 14:36:09 ET on 04/1412021 under Order No.2035534887 which expires on 04/10/2022,is not for resale,is licensed for one-time use
<br /> only,and may only be used in accordance with the AAA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aie.org.
<br /> User Notes:
<br /> (1749244472)
<br />
|