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Instruments of Service shall be at the Owner's sole risk and without liability to the Engineer and the Engineer'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 /> § 8.1.1 The Owner and Engineer 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 this
<br /> Agreement and within the period specified by applicable law,but in any case,not more than 10 years after the date of
<br /> Substantial Completion of the Work.The Owner and Engineer waive all claims and causes of action not commenced
<br /> in accordance with this Section 8.1.1.
<br /> § 8.1.2 To the extent damages are covered by property insurance,the Owner and Engineer waive all rights against each
<br /> other and against the contractors,consultants,agents,and employees of the other for damages,except such rights as
<br /> they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the
<br /> Contract for Construction...The Owner or the Engineer,as appropriate,shall require of the contractors,consultants,
<br /> agents,and employees of any of them,similar waivers in favor of the other parties enumerated herein.
<br /> § 8.1.3 The Engineer and Owner waive consequential damages for claims,disputes,or other matters in question,
<br /> arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential
<br /> damages due to either party'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 Engineer's services,the Engineer may proceed in accordance with applicable law to comply with the
<br /> lied notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
<br /> § 8.2.2 The Owner and Engineer shall endeavor to resolve claims,disputes and other matters in question between them
<br /> by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration
<br /> 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 fora 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 an film fees
<br /> y g equally.The mediationshall 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 /> § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding
<br /> dispute resolution shall be the following:
<br /> (Check the appropriate box.)
<br /> j } Arbitration pursuant to Section 8.3 of this Agreement
<br /> [ X ] Litigation in a court of competent jurisdiction
<br /> [ j Other:(Specify)
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